GENERAL TERMS AND CONDITIONS (GTC) of Brotgefuehle GmbH hereinafter referred to as contractor or producer.
§ 1 Scope; general obligations of the customer, changes to the general terms and conditions
(1) These General Terms and Conditions (hereinafter also “GTC”) of Brotgefuehle GmbH apply exclusively to all current and future orders placed by you (hereinafter also referred to as “orderer”).
Below also referred to as “WE” or “BROTGEFUEHLE.de”.
(2) Differing, conflicting or supplementary general terms and conditions of the customer do not become part of the contract.
(3) All information you provide in the ordering process must be current and truthful. You must not pass on your password to third parties; you must keep it safe and inaccessible to unauthorized persons and immediately notify us in writing if it is lost or passed on. For misuse, e.g. for any unauthorized orders from third parties using your password and the resulting claims, you are liable in accordance with the statutory provisions.
(4) Registration at BROTGEFUEHLE.DE is only possible directly in the online shop. Registrations via Facebook and other social media are excluded. You can choose to register permanently or as a guest.
(5) We reserve the right to change these General Terms and Conditions with effect for the future using the following procedure: For this purpose, we will inform you in advance about the planned changes as part of the next registration process in our online shop, which you carry out after changing the General Terms and Conditions. inform you and inform you of your right to object. The changes are deemed to have been accepted if you (a) confirm the changed General Terms and Conditions or the reference to the changed General Terms and Conditions as part of your registration process or do not object within two months of notification of the change. If you object to the change to the General Terms and Conditions, the purchaser is barred from placing any further orders until the changed General Terms and Conditions are accepted in our online shop.
§ 2 Conclusion of contract; Non-binding information, delivery quantities and restrictions
(1) All information about our goods and prices before the conclusion of the contract is subject to change and non-binding. This excludes the nutritional information on the products displayed. The product images do not always have to match the appearance of the products delivered. In particular, changes in the appearance and features of items may occur following product range renewals by raw material suppliers. There are no claims for defects in this regard as long as the changes are reasonable for you and do not deviate from a quality agreement. There is expressly no right to delivery of specific items in specific packaging.
(2) The accessories shown in connection with the products, e.g. wooden boards, knives, etc. are not an object of purchase and are used exclusively to present our sales products in the online shop.
(3) A valid purchase contract between BROTGEFUEHLE.de and the customer is concluded by BROTGEFUEHLE.de accepting an offer from the customer as follows:
The customer can make a binding offer by completely filling out and confirming the order form provided by BROTGEFUEHLE.de in the online shop. BROTGEFUEHLE.de can accept this offer either by sending a binding declaration of acceptance or by sending the ordered goods. Up to this point, BROTGEFUEHLE.de can refuse acceptance at any time without giving reasons. Only with the acceptance of the offer does a claim to delivery of the ordered goods arise. The presentation of the products in the online shop does not represent a legally binding offer, but rather a non-binding online catalog. By clicking on the “Pay” button you will be redirected to the “checkout” in our online shop. All purchase, delivery and payment information relevant to you is summarized for you on the “Checkout” page of the online shop. After the customer has checked your data and clicked on the “Data protection declaration” and confirmed that you have read these terms and conditions, you complete the binding order for the goods contained in the shopping cart by clicking on the “Order” button. The “Order” action is completed when all essential information – marked with an (*) – has been entered by you on the “Checkout” page. Confirmation of receipt of your order takes place immediately after placing the order via an automated email. This order confirmation does not constitute a declaration of acceptance. We can accept your order by sending an order confirmation (declaration of acceptance) by email or by delivering the goods within ten days or a shorter period of time.
(4) Our offer is aimed at end consumers in Germany. The goods ordered are not intended for resale. Therefore, only orders in normal household quantities are accepted.
(5) Our offer can also be aimed at companies as resellers. For resellers, additional written agreements must be made so that a “listing” and the use of the BROTGEFUEHLE.de online shop as an order processing platform are possible.
(6) We save the contract text and send you the order data by email. You can view the terms and conditions at any time at www.BROTGEFUEHLE.de. For security reasons, your order details are no longer accessible via the Internet after you have submitted your order.
(7) BROTGEFUEHLE.de does not offer any products for purchase by minors. If you are under 18 years of age, the involvement of your legal guardian is required.
§ 3 Reference to the statutory right of withdrawal for consumers, return shipping agreement
(1) Please note that the products sold by BROTGEFUEHLE.de are perishable goods. You do not have a right of withdrawal in this respect (Section 312g Para. 2 No. 2 BGB).
(2) If registered end consumers have ordered goods for collection from a pick-up store, they do not have the right to cancel. Please note the information below on the right of withdrawal for consumers and the sample withdrawal form.
§ 4 Contract term, termination, automatic extension
(1) In principle, the purchase contracts concluded with us are considered “one-off purchase contracts”. In order to facilitate the purchase process for repeat purchases, we store the essential information that makes the purchase process easier or faster for the repeat buyer.
(2) Contractual relationships with a fixed term or subscription contracts relating to a fixed number of agreed deliveries are not provided for.
(3) Cancellations of Pick-up Store orders are excluded after the ordering and purchasing process has been completed.
§ 5 Delivery area, delivery, delivery requirements, retention of title; transfer of risk; Delivery interruption
(1) We deliver our fresh baked goods exclusively in the shipping area to addresses that can be delivered by delivery service.
(2) We deliver to the address that you have specified as the delivery address in your customer area on our website BROTGEFUEHLE.de. The address of the pick-up store that you selected to collect your ordered goods on our website or in our online store BROTGEFUEHLE.de also applies as the delivery address. It is still possible to change your address during the “payment” process. After completing the ordering process and the associated payment process, no changes are possible. Changes to address or the selected pick-up store from which you collect your goods will only be possible for deliveries on the next order.
(3) You undertake to ensure that you personally or a third party commissioned by you takes delivery of the goods at the delivery address specified by you during the collection period specified by you if you purchase our goods via a delivery service.
(4) If it is not possible to collect the goods in person or you cannot take delivery of the goods personally, the contract can also be fulfilled by delivering the goods to a neighboring household or business. Recipients that are located in the same building as the addressee are preferably considered neighboring households or businesses; In addition, delivery can also be made to recipients who are within walking distance of the recipient (e.g. same residential complex, opposite side of the street or neighboring houses) (hereinafter also “neighbor”). If delivery is made to such a neighbor, you will be notified by inserting a notification card or by email.
(5) If you fail to pick up the goods at the pick-up store you have selected during the known opening hours or if it is neither possible to hand them over in person nor to hand them over to a neighbor when delivered by delivery service, you are advised, unless one of the exceptions to the Paragraph 6 is relevant, in default of acceptance. Goods in the pick-up store remain there until the following working or opening day. If delivery is made by a delivery service, no further delivery attempts will be made. All additional costs associated with the delay in acceptance, including any possible loss of the goods ordered by the customer, will be borne by the customer.
(6) If you grant us a parking permit, the contract can also be fulfilled by parking the goods at the location specified by you in the area of the delivery address that is accessible to the delivery driver. Alternatively, fulfillment can only take place by making it available for collection in a pick-up store selected by you, which has concluded a pick-up store contract with us and is named by name in our online store
(7) By leaving the goods at the specified location or in the pick-up store as instructed or by delivering them to a neighbor, the risk of loss or damage to the goods passes to you. BROTGEFUEHLE.de is not liable for any damage or defects that arise afterwards. Any ambiguities regarding the storage location will be at your expense in the event of damage. BROTGEFUEHLE.de has no obligation to check the suitability of the storage location.
(8) When delivering to end consumers, the goods must be paid for in advance using the payment methods we offer in the online shop or for pick-up stations.
(9) Delivery of unpaid goods at the moment of handover is only possible for business customers with whom individual delivery and payment conditions have been agreed.
§ 6 Warranty
It is the statutory warranty.
§ 7 Prices and shipping costs; Due date; Payment; On Bill; retention; credit; Vouchers
(1) Prices include sales tax and, unless otherwise agreed, plus shipping costs within the shipping area.
(2) The claims of BROTGEFUEHLE.de are due immediately from end customers, without prejudice to a statutory right of withdrawal. The individually contractually agreed payment terms apply to business customers.
(3) End customers (orderers) can choose to pay using the payment methods provided on our website.
(4) You only have the right to offset if your counterclaims have been legally established or are ready for a decision or are undisputed by us. You are only authorized to exercise a right of retention to the extent that your counterclaim is based on the same contractual relationship.
When a contract is concluded, the account specified by the customer will be immediately debited with the invoice amount stated in the online shop, which will be used by the customer for the order that is completed by clicking on the order button. Unless otherwise stipulated, payment transaction fees for processing the purchase transaction are borne by the purchaser.
Please understand that for technical reasons the debit on your account may not be visible to you until a few days later.
(5) Credit credited to your customer account from “Customer Promotes Pick-up Store” promotions will automatically be offset against the purchase price of the next possible delivery(s). If the accumulated credit exceeds the purchase price of the delivery, it will be offset against the following deliveries until the credit is exhausted.
The amount of credit for the advertiser is based on the current offer of the “Customer-advertises-Pick-up-Store” campaign at the time the contract is signed by the referred pick-up store.
Separate conditions of participation apply to “customer-advertises-pick-up-store” campaigns.
The advertiser's credit expires if the customer's further orders do not use up the credit within 3 months. A payout of the credit in cash or passing on the credit to third parties is in any case excluded, unless expressly stated otherwise.
(6) The conditions for redeeming vouchers depend on the corresponding promotions. Unless individual voucher conditions have been specified, the following conditions generally apply:
1. Vouchers cannot be combined with other discount campaigns.
2. Vouchers are generally only valid once for a new customer pick-up store.
3. A subsequent crediting of vouchers is not possible.
4. Vouchers cannot be combined with any possible credit.
§ 8 Liability of BROTGEFUEHLE.de, obligations of the purchaser
(1) BROTGEFUEHELE.de is liable in the event of damage to the customer(s)
(a) from injury to life, body or health resulting from a breach of duty by BROTGEFUEHLE.de or one of its legal representatives or vicarious agents, (b) under the Product Liability Act, from the assumption of a guarantee or due to fraudulent misrepresentation ( c) if BROTGEFUEHLE.de or its legal representatives or vicarious agents caused the damage intentionally or through gross negligence, or (d) if the damage arose from the breach of an obligation by BROTGEFUEHLE.de, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the purchaser regularly trusts and can rely (cardinal obligation).
(2) BROTGEFUEHELE.de is liable in the cases of paragraph 1, letters (a), (b) and/or (c) for an unlimited amount. Otherwise, the claim for damages is limited to foreseeable, contract-typical damage.
(3) In cases other than those mentioned in paragraph 1, BROTGEFUEHLE.de's liability is excluded, regardless of the legal basis.
(4) The liability regulations in the above paragraphs also apply to the personal liability of BROTGEFUEHLE.de's bodies, employees and vicarious agents.
(5) The customer is obliged to carefully read and observe product, consumption and warning information on delivered products before ordering in the online shop and before using them.
(6) You release BROTGEFUEHLE.de from any third-party claims that are not based on a breach of duty by BROTGEFUEHLE.de.
§ 9 Data protection
Regarding data protection, please note our data protection information.
§ 10 Dispute resolution for consumers
The European Commission maintains a platform for online dispute resolution (OS) with further information available on the Internet at the link
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=DE
is reachable. However, we do not take part in a formal dispute resolution procedure before consumer arbitration boards.
§ 11 Applicable law, no additional agreements, regulation for ineffective or unenforceable regulations and loopholes
(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) There are no additional agreements.
(3) If a provision of the concluded contract is or becomes invalid or unenforceable, the rest of the contract remains effective. The ineffective or unenforceable regulation is replaced by the statutory regulation or, in the absence of a legal regulation, by the effective and enforceable regulation that the parties would have honestly agreed upon knowing of the ineffectiveness or unenforceability. The same applies in the event of a regulatory gap.
§ 12 Cancellation policy
Right of withdrawal
You have the right to revoke your contractual declaration within 14 days without giving reasons. The cancellation period is 14 days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In order to exercise your right of withdrawal, you must contact us
Brotgfuehle GmbH
Brühl 6
04109 Leipzig
Telephone: +49-341-247 066 37
Email: kontakt(at)BROTGEFUEHLE.de
by means of a clear statement (e.g. e-mail, fax or letter sent by post) of your decision to revoke this contract. You can use the sample cancellation form provided here (below), although this is not mandatory. To meet the cancellation deadline, it is sufficient if you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. Any fees charged to you by your payment service provider are at your expense.
We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to the handling of the goods other than what is necessary to establish the nature, characteristics and functionality of the goods.
additional information
The right of withdrawal does not apply to contracts for the delivery of goods that can spoil quickly or whose expiry date would quickly be exceeded. (Section 312g Para. 2 No. 2 BGB). This applies in particular to our bread deliveries, deliveries of patisserie goods or the provision of the goods ordered by the customer for collection in the pick-up store selected by the customer in our online shop.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
To ____________________________ ____________________________ ____________________________ ____________________________ [insert: supplier name supplier address]
I hereby (*) revoke the contract concluded by me (*) for the purchase of the following goods (*)/the provision of the following service (*): ____________________________ ____________________________ ____________________________
Ordered on (*)/received on (*): ____________________________
Customer number or contract account number: ____________________________
Name of consumer(s) | |
Address of the consumer(s). | | _|
Date Signature (only for paper notification)
...(*) Strike out what is not applicable
End of revocation
As of: May 2023
