Terms of Condition

Terms and Conditions for the online shop of LA BOTTEGA TOSCANA Jens Hofacker e.K.

Download: AGB-EN-aufBriefbogen-Mai2020


1. General

1.1. The following terms and conditions of contract (GTC) apply to all contracts concluded with the customer by LA BOTTEGA TOSCANA Jens Hofacker eK, Gewerbepark Birkenhain 2, 63589 Linsengericht, Germany (hereafter: SELLERS) via the online shop www.pizza-ofen.de (here in after: CUSTOMER).
1.2. These terms and conditions contain special regulations for customers who are entrepreneurs within the meaning of § 14 BGB (hereinafter: ENTREPRENEURS). These special business deal clauses are identified by an explicit reference to ENTREPRENEURS and do not apply to dealings with consumers i.S.d. § 13 BGB.
1.3. Deviating General Terms and Conditions of the customer shall not be recognized by the SELLER, unless the SELLER has expressly agreed to them in writing.

2. Conclusion of contract

2.1. The CUSTOMER can insert the desired items into the shopping cart by clicking on the corresponding button and then initiate the ordering process by clicking on the shopping cart. Within the ordering process, the CUSTOMER must enter the required contact details for shipping and payment and complete the order by clicking the "Buy" button.
2.2. Entry errors, in particular erroneously inserted into the cart articles, the customer can correct by entering the desired amount in the shopping cart and the existing buttons. In the order process, the CUSTOMER can correct input errors in the various steps by navigating to the respective step using the "before" and "back" buttons of the browser.
2.3. The presentation of the products in the online shop of the SELLER merely represents a non-binding invitation to the CUSTOMER to place an order. By placing an order, the CUSTOMER submits a binding offer to conclude the contract for the items contained in the shopping cart. The SELLER will automatically confirm receipt of the order by e-mail. Due to the automated order confirmation of the shop system, no contractual relationship is created. The SELLER will accept the offer of the CUSTOMER after examination of the inventory by separate acceptance by e-mail or by sending the goods within a period of 5 days or 3 working days after the order. Only with this separate declaration of acceptance or with receipt of the goods within the aforementioned period, the purchase contract comes to pass. Invoicing is the same as a declaration of acceptance.
2.4. The purchase contract is concluded with LA BOTTEGA TOSCANA Jens Hofacker e.K., Gewerbepark Birkenhain 2, 63589 Linsengericht, Germany.
2.5. Contract languages are German and English.

3. Contract Text Storage

The contract text is stored by the SELLER. The order data will be sent to the CUSTOMER separately in text form (e-mail). The terms and conditions can also be accessed and printed in the online shop.

4. Right of withdrawal

Consumers are in principle entitled to a statutory right of withdrawal. The legal regulations for a possibly existing right of revocation are contained exclusively in the revocation instruction, which is callable in the context of the order process for the CUSTOMER.

5. Prices and shipping costs

5.1. The prices valid on the day of the order apply, as they are displayed in the online shop.
5.2. The prices displayed in the online shop are in Euro and include VAT.
5.3. When you purchase goods that are delivered in a package or otherwise by post, the following applies: The prices displayed in the online store do not include the shipping costs for packaging and postage. The shipping costs are calculated dynamically within the ordering process and displayed in the shopping cart overview before ordering.
5.4. In individual cases, additional taxes (such as in the case of an intra-Community acquisition) and / or duties (such as customs duties) may be payable by the CUSTOMER for cross-border deliveries.

6. Terms of payment

6.1. The SELLER accepts only the payment methods offered in the online shop during the ordering process. The CUSTOMER chooses the preferred payment method among the available payment methods.
6.2. If the CUSTOMER chooses the payment method cash payment, he has to pay the purchase price in cash on collection of the goods.
6.3. If a delivery is made against cash on delivery, the CUSTOMER must pay the purchase price plus any applicable delivery and shipping costs at the time of delivery in cash to the shipping company carrying out the shipment. The COD charge will be communicated in the shipping cost statement.
6.4. If a delivery is made in advance by bank transfer, the CUSTOMER must transfer the payment of the purchase price plus any applicable delivery and shipping costs to the seller before delivery. The delivery takes place after receipt of the full invoice amount on the account of the SELLER.
6.5. If payment is made by Klarna Group via "Sofort", the CUSTOMER must have an activated online banking account with PIN / TAN procedure. At the end of the order process, the CUSTOMER is requested to enter his / her account number, bank code, PIN and TAN in the form pre-filled by the SELLER (bank details, transfer amount, intended use). Immediately afterwards, the CUSTOMER is confirmed the transaction.
6.6. If payment is made via PayPal, the CUSTOMER must have a PayPal account and legitimize himself with his Paypal access data. Then the CUSTOMER has to go through the PayPal payment process and confirm the payment to the SELLER. The payment method PayPal can also be paid without a PayPal user account. With regard to the guest function of PayPal, the terms available via the payment method apply.
6.7. Set-off rights are CUSTOMERS, the ENTREPRENEURS i.S.d. § 14 BGB are, only if the counterclaims are legally established, undisputed or recognized by the SELLER or the opposing claims based on the same legal relationship. This set-off is not applicable to CUSTOMERS, consumers i.S.d. § 13 BGB are.

7. Delivery and Shipping Conditions - Information for the calculation of the delivery date

7.1. The delivery of the goods, which is delivered in a package or otherwise by post, takes place, unless otherwise agreed with the CUSTOMER, by post (parcel, parcel, letter, shipping, etc.) to those in the order CUSTOMER supplied delivery address.
7.2. The delivery time is indicated separately for the respective article or product description on the article page.
7.3. The delivery time stated on the item page begins with payment in advance on the working day after the payment order of the CUSTOMER to the referring bank, or for all other payment methods on the working day after the date of the contract.
7.4. The risk of accidental loss and accidental deterioration of the sold item is transferred to deliveries to entrepreneurs with the transfer to them or a person entitled to receive, in the case of dispatch purchase already with the delivery of the goods, to a suitable transport person. For deliveries to consumers, the risk of accidental loss and accidental deterioration of the goods sold in accordance with § 446 BGB on the transfer of the goods to the consumer on this. With regard to the assumption of risk, it is the same for the transfer, if the CUSTOMER is in default of acceptance.
7.5. Orders and deliveries are only offered in and to Germany as well as in the countries indicated in the online shop and / or in the shipping costs table.
7.6. In case of delivery delays the SELLER will inform the CUSTOMER immediately.
7.7. If the carrier returns the object of purchase to the SELLER, as delivery to the CUSTOMER was not possible, the CUSTOMER bears the costs for a new shipment. This does not apply if the CUSTOMER, in parallel with the refusal of acceptance, has exercised any right of withdrawal or if he was not responsible for the circumstance leading to the impossibility of service or if the CUSTOMER was temporarily prevented from accepting the service offered Unless the SELLER had announced the performance in due time beforehand.

8. Retention of title

8.1. The SELLER reserves ownership of the goods sold until full payment of the purchase price.
8.2. The goods subject to retention of title may not be pledged to third parties by the CUSTOMER before complete payment of the secured claims, nor may they be assigned as collateral. The CUSTOMER must immediately notify the SELLER in writing if and to the extent that third party access is made to the SELLER's goods.
8.3. In the event of breach of contract by the CUSTOMER, in particular in the case of non-payment of the due purchase price, the SELLER shall be entitled to withdraw from the contract in accordance with the statutory provisions and to demand the goods on the basis of the retention of title and withdrawal. If the CUSTOMER does not pay the due purchase price, the SELLER may only assert these rights if the CUSTOMER was previously unsuccessful in setting a reasonable deadline for payment or if such a deadline is dispensable in accordance with the statutory provisions.

9. Warranty / Liability for Defects / Obligation to Notify

9.1. The rights in case of defects of the purchased goods are governed by the statutory provisions.
9.2. Claims for defects of ENTREPRENEURS, merchants i.S.d. German Commercial Code (HGB), assume that they have properly complied with their inspection and notification obligations within 14 calendar days after receipt of the goods in text form. This duty of notification does not apply to CUSTOMERS, consumers i.S.d. § 13 BGB are.
9.3. The limitation period for warranty claims of ENTREPRENEURS is 12 months, calculated from the transfer of risk to the ENTREPRENEUR. This shortening of the warranty does not apply to CUSTOMERS, consumers i.S.d. § 13 BGB are.

10. Liability

10.1. The CUSTOMER's claims for damages or reimbursement of wasted expenditure against the SELLER shall be governed by the provisions of the warranty, without regard to the legal nature of the claim under these provisions.
10.2. The liability of the SELLER is - for whatever legal reasons - excluded, unless the cause of damage is based on intent and / or gross negligence of the SELLER, his employees, his representatives or his vicarious agents. Insofar as the liability of the SELLER is excluded or limited, this also applies to the personal liability of employees, representatives or vicarious agents of the SELLER. The liability of the SELLER under the Product Liability Act remains unaffected (§ 14 ProdHG).
10.3. For damages resulting from injury to life, body or health, which are based on an intentional, grossly negligent or negligent breach of duty by the SELLER or a legal representative or vicarious agent of the SELLER, the SELLER shall be liable in accordance with the statutory provisions.
10.4. Insofar as the SELLER violates, at least negligently, an essential contractual obligation, ie an obligation whose observance is of particular importance for the achievement of the purpose of the contract (essential contractual obligation or cardinal duty), the liability shall be for the typically arising damage, ie for such damage, with its occurrence typically within the scope of the contract must be limited. An essential contractual or cardinal obligation in the aforementioned sense is one whose fulfillment makes the proper execution of this contract possible in the first place and on the compliance of which the CUSTOMER can regularly trust and trust.

11. Data storage and data protection

Only the data protection regulations of the privacy policy on the website www.pizza-ofen.de apply.
12. Note acc. Art. 14 ODR Regulation
12.1. CUSTOMERS, consumers i.S.d. § 13 BGB, have the possibility in case of dispute on the EU portal "your Europe" (https://europa.eu/youreurope/citizens/index_en.htm) to conduct an online dispute resolution with the assistance of a recognized arbitration board. To do this, they can use the EU's online dispute resolution platform at the URL: https://ec.europa.eu/consumers/odr/.
12.2. Online dispute resolution is not a mandatory requirement for calling ordinary courts, but is an alternative way of eliminating differences that may arise under a contract.
12.3. Other national regulations governing arbitration proceedings remain unaffected by the above provisions in sections 12.1 and 12.2.

13. Information on battery disposal

The following advice applies to the handling of goods by end-users, if these goods consist of batteries or if these goods contain batteries.
Free return of old batteries:
Batteries may not be disposed with household waste. You are legally obliged to return used batteries, so that a proper disposal can be guaranteed. You can hand over used batteries at a municipal collection point or at a local retailer. The SELLER is a distributor of batteries for the recovery of used batteries, whereby its obligation to take back is restricted to spent batteries of the kind that it offers and distributes or offers and distributes as new batteries. Waste batteries of the aforementioned kind can be sent to the SELLER with sufficient franking by post or delivered directly at the SELLER's domicile free of charge.
Meaning of the battery symbols:

Batteries are marked with a crossed-out wheelie bin symbol. Batteries may not be disposed with household waste. Batteries containing more than 0.0005% by mass of mercury, more than 0.002% by mass of cadmium or more than 0.004% by mass of lead shall be indicated by the appropriate information under the trashcan as follows with the respective abbreviation of the chemical name ("Cd" for cadmium, "Pb" for Lead and "Hg" for mercury):

14. Final provisions

14.1. The law of the Federal Republic of Germany applies excluding the UN sales law.
14.2. For consumers who do not conclude the contract for professional or commercial purposes, the above choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence, is not withdrawn.
14.3. If the CUSTOMER is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the SELLER in 63589 Linsengericht, Germany.
14.4. The same applies if the CUSTOMER is an entrepreneur and has no general place of jurisdiction in Germany or domicile or habitual residence at the time the complaint is not known. The power of the SELLER to call the court at another statutory place of jurisdiction remains unaffected.
Created by:
IT law law firm DURY
© IT-Law-Firm DURY - www.dury.de - v.5.7 / as of: 23.05.2019

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