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Information according to § 5 TMG:
Isabella Glutenfreie Pâtisserie GmbH & Co. KG
Am Handwerkshof 15
47269 Duisburg

 

§ 1 SCOPE OF APPLICATION

1. the following contractual conditions apply to the contract concluded between the seller and the buyer for the delivery of goods.

2. these terms and conditions shall be deemed an integral part of the contract upon dispatch of the electronic, fax or telephone order, but at the latest upon receipt of the goods or services.

3. the buyer is obliged to provide truthful information regarding name, address, telephone number, e-mail address and bank details when placing the order. If he fails to provide this information or provides false data, in particular a false e-mail address and a false address, the ordered goods will not be delivered. The seller also reserves the right to claim damages in this case.

 

§ 2 OFFER AND CONCLUSION OF CONTRACT

1 The Seller's offers are subject to change and non-binding, unless the Seller has expressly designated them as binding.

2. illustrations, drawings and other documents that are part of the seller's non-binding offers are only approximate unless they have been expressly designated as binding by the seller. The seller rejects any compensation for damages that are claimed due to errors on the website or due to the statements in the brochure.

3. when ordering by e-mail, the buyer receives a confirmation from the seller. The order is then legally effective.

Telephone orders are effective immediately and do not require a special order confirmation. Depending on the possible scope of delivery, the seller reserves the right to accept the order on a selective or modified basis.

 

§ 3 PRICES/ TERMS OF PAYMENT

1. the prices stated in the seller's online store and/or advertising media shall apply. The prices are valid within Germany and include the applicable VAT. Typing or printing errors and mistakes excepted. Deliveries outside Germany require special agreement between the contractual partners with regard to prices.

2. the seller shall issue an invoice to the buyer for the ordered and delivered goods, which shall be enclosed with the delivery. Unless otherwise agreed with the Buyer, the purchase price shall be due for payment without deduction immediately upon receipt of the invoice. Otherwise, the seller is free to decide on a case-by-case basis whether to deliver only against cash on delivery, direct debit order or against invoice.

3. if the Buyer defaults on payment, the Seller shall be entitled to charge interest at a rate of five percentage points above the respective prime rate of the European Central Bank from the relevant date. The seller reserves the right to provide evidence of higher damages. Costs arising from returned direct debits shall be borne by the buyer. Reminders will be invoiced with a fee of € 5.00.

4. the Buyer shall only be entitled to set-off, even if notices of defects or counterclaims are asserted, if counterclaims have been legally established, recognized by the Seller or are undisputed. The buyer is only authorized to exercise a right of retention if his counterclaim is based on the same purchase contract.

 

§ 4 DELIVERY AND PERFORMANCE TIME

1. the seller is entitled to make partial deliveries and render partial services at any time, insofar as this is reasonable for the buyer.

2. shipping is at the risk of the buyer.

 

§ 5 RIGHT OF RETURN

1. the satisfaction of the buyer is the seller's top priority. Although the general right of withdrawal does not apply to perishable goods, the seller offers the buyer the following:

The buyer is obliged to check the delivery of goods immediately for correctness of the order in terms of quantity and completeness. If there are any complaints regarding the entire delivery or a partial delivery, the buyer must notify the seller immediately by e-mail or by calling 0203 - 608 476 26. However, defects in the delivered goods must be reported within 24 hours of receipt of the goods at the latest, stating the invoice number and customer number.

In the event of justified complaints, the seller will immediately refund the corresponding purchase price.

In individual cases, the seller reserves the right to request the buyer to return the goods at the buyer's expense.

2. foods whose packaging has been opened are excluded from exchange or complaint, unless the goods were obviously already spoiled before the packaging was opened and they had been stored properly until then.

3. the product information nutritional values/ingredients are without guarantee. The seller is not liable for consequential damage due to incorrect ingestion of his products. Otherwise, the manufacturer's information on the packaging shall apply. The seller shall only be liable for proven intent and gross negligence.

 

§ 6 RETENTION OF TITLE

The seller retains title to the goods until all payments arising from the purchase contract have been received.

 

§ 7 DATA PROTECTION

The seller undertakes to comply with the statutory data protection regulations. The data that the seller receives from customers is required in order to execute and process the order. Furthermore, the data is stored for accounting purposes. Personal data will not be passed on to third parties. Privacy policy here.

 

§ 8 SEVERABILITY CLAUSE

Should a provision of these terms and conditions be or become invalid, the remaining provisions shall remain valid. The seller and buyer shall replace the invalid provision with a valid provision that comes closest to the economic intentions of the contracting parties.

 
ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO ART. 14 ABS. 1 ODR-VO AND SECTION 36 VSBG

The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

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