§ 1 Scope, Definitions
(1) These General Terms and Conditions (hereinafter “GTC“) shall apply for contracts being entered into via our online shops under the addresses shop.cavendish-harvey.de and shop.cavendish-harvey.com (hereinafter “Online Shop“) between us,
Cavendish & Harvey Confectionery GmbH
D-24568 Kaltenkirchen, Germany
telephone: +49-(0) 4191- 5001-0
fax: +49 (0) 4191 / 5001-33
Managing director: Frank Gemmrig
Commercial Register Amtsgericht Kiel HRB 8379 KI
UST-ID-Nr. DE 811203705
(Hereinafter „Provider“ or „We“)
and you, as our customer (hereinafter „Customer“ or „You“), provided You are acting as a consumer at the time of the conclusion of the contract.
(2) Any general terms and conditions of the Customer that conflict with or differ from the GTC shall be part of the contract only if and to the extent that the Provider has expressly consented to the validity of such. These GTC shall even apply exclusively in such cases when the Provider carries out deliveries without reservation to the Customer in the knowledge of terms set out by the Customer which conflict with or deviate from these GTC.
(3) The Customer is a consumer, if he is a natural person, who places his orders for reasons that predominantly cannot be attributed to a commercial or self-employed professional activity.
(4) Orders and deliveries are generally only possible to customers who have their seat in one of the following countries:
Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.
§ 2 Conclusion of Contract in the Online Shop
(1) Our product descriptions and prices in the entire Online Shop (including the virtual shopping basket and order form) are subject to alteration and non-binding. They constitute an invitation to the Customer, to make a legally binding offer to conclude the contract.
(2) The Customer makes a legally binding offer to purchase the goods placed inside his virtual shopping basket by clicking the button „binding order“. We can accept this legally binding offer by the Customer within five working days from receipt of the offer.
(3) The Online Shop is configured in a way, that the Customer can only click the button „binding order“ (thereby making his legally binding offer) after clicking on the button „accept GTC“ and, thus, acknowledging such GTC as a part of the contract. Before clicking the button “binding order” the Customer may, at any time, view, alter and correct input errors regarding the data entered by him.
(4) After receipt of the Customer’s legally binding offer by the Provider, the Customer will receive an automatic confirmation of receipt via email which he can print out via the “print” option. This automatic confirmation of receipt does not represent the Provider’s legally binding declaration of acceptance through which he accepts the legally binding offer of the Customer, but merely documents the fact that the Customer’s legally binding offer has been received by the Provider. Consequently, the sending and receipt of this automatic confirmation of receipt do not constitute a conclusion of contract.
(5) Subject to the following § 2 (6), We declare our legally binding acceptance of the Customer’s legally binding offer, through which a contract between the Provider and the Customer will be concluded, via a separate email which will be sent to You in addition to the automatic confirmation of receipt pursuant to § 2 (4). We may choose in our free discretion to make our legally binding declaration of acceptance not via email but by carrying out the order within five working days after its receipt.
(6) We are not obliged to accept the Customer’s offer to conclude a contract. We especially reserve the right to not accept offers whereby the Customer has not entirely and truthfully filled out the order form, is under 18 years of age, or has placed orders for uncommonly large quantities. Our right to contest the legally binding declaration of acceptance and to withdraw from the concluded contract according to legal provisions remain unaffected.
§ 3 Delivery, Delay of Delivery
(3) The Provider shall not be in default unless delays in delivery result from circumstances attributable to the Provider, in particular result from a lack of self-deliveries or force majeure (hereinafter “Obstacle”). In case of an Obstacle, the agreed delivery deadline shall be extended by the duration of the Obstacle. If the Obstacle lasts longer than three months, the Provider and Customer are entitled to withdraw from the not yet fulfilled part of the contract. However, the Customer is only allowed to withdraw from the contract, once he granted the Provider a reasonable period of grace.
§ 4 Retention of Title
(1) The Provider reserves all property rights of the delivered goods until the payment of the purchase price. The Customer shall not dispose, consume, process or modify the goods, for which ownership is reserved, until the ownership of the goods is being transferred.
(2) The Customer shall store the goods in a cool dry place and take care of them, until full payment of the purchase price has been made.
(3) The Customer shall expressly notify the Provider immediately, when and insofar third parties access the goods which stand under reservation of title.
(4) In case of breach of contract on part of the Customer, especially in case of non-payment of the due purchase price, We reserve the right to withdraw from the contract in accordance with applicable law and reserve the right to demand the goods be returned due to the retention of title.
§ 5 Prices and Shipping Fees
(1) Our prices shall be understood to be including the respective valid value added tax and to be exclusive of the transportation taxes.
(2) Shipping costs are stated in the Online Shop under Postage & Packaging and shall be borne by the Customer. The purchase price including VAT and shipping costs will also be stated in the order form before You submit the order.
(3) You shall not offset against our claims unless Your claims have been legally determined or are not disputed. You shall be entitled to offset against our claims insofar as Your claims arise from a notice of defect from the same contract.
(4) As purchaser you shall only exercise the right of retention if the counterclaim arises from the same contract.
§ 6 Payment
(1) The purchase prices are due immediately after conclusion of the contract and must be credited to our bank account within 7 days of the conclusion of the contract.
(2) Unless agreed otherwise the Customer is obliged to pay in advance.
(3) The Customer may choose between the modes of payment provided in the Online Shop. We reserve the right to refuse a certain mode of payment for objective reasons. The Customer is not entitled to a certain mode of payment.
(4) The Customer may gain access to additional modes of payment by gaining the status of a regular Customer. An entitlement to the status of a regular Customer does not exist. The status of a regular Customer may be revoked for objective reasons, especially in the event of a delay in payment.
§ 7 Liability
(1) The Provider shall only be liable for damages, which are based on intent or gross negligence or a willfully (arglistig) breach of duty through the Provider, his legal representatives and his agents.
(2) Furthermore the Provider shall be liable for damages based on basic negligence (einfache Fahrlässigkeit), insofar as the damage is resulting from the violation of a fundamental contractual obligation whose fulfilment renders the proper performance of the contract possible in the first instance and the compliance with which a contractual partner typically does, and is entitled to, rely upon (Kardinalpflichten). In this case, the liability shall be limited to the amount of the reimbursement of foreseeable and typical damage.
(3) Furthermore, the Provider shall be liable for damages resulting from death, personal injury or damage to health based on intentional or negligent conduct. As far as the Provider has given a guarantee of quality or durability with regard to the goods, he shall be liable for these goods pursuant to his guarantee.
(4) Further contractual or legal liability of the Provider is excluded – insofar as the liability is not subject to mandatory statutory provisions, e.g. pursuant to the German Product Liability Act – regardless of the legal nature of the claim.
(5) Insofar as that the liability of the Provider is excluded or limited, this shall also apply to the personal liability of the Provider`s staff members, employees, representatives, and agents as well as his liability for their actions.
§ 8 Warranty
The Provider shall be liable for quality defects and defects of title of supplied goods according to the applicable statutory provisions, in particular §§ 434 et. seq. of German Civil Code. The statutory limitation period for warranty claims is two years, beginning with the delivery of the goods.
§ 9 Right of Cancellation
(1) Right of cancellation: You have the right to cancel the contract within a period of 14 days, without giving a reason, either by giving written notice (e.g. letter, fax, e-mail) or – if you have received the materials prior to the expiration of the deadline – by returning the materials. The cancellation period starts when this information is received in writing. A timely sending of the cancellation notice or material is sufficient to satisfy the cancellation deadline. The cancellation notice is to be sent to: Cavendish & Harvey Confectionery GmbH, Carl-Zeiss-Str. 14-16, D-24568 Kaltenkirchen, Phone: +49(0)4191-5001-0, Email: email@example.com
(2) Consequences of Cancellation: In the event of an effective cancellation, the services received by both parties are to be returned and any benefits which were drawn from the services (e.g. interest) are to be returned. You must if applicable reimburse us the value if you cannot return the received service to us either in full or in part or can only return this in a deteriorated condition. This shall not apply when goods are handed over if the deterioration of the goods is exclusively a result of their inspection. The inspection of properties and functionality is understood as the testing and trying out of the respective merchandise as for example would have been possible for you in a shop.
(3) Returns and coverage of costs: Goods which are capable of being shipped as parcels are to be returned at our risk. You must bear the costs of the return shipment if the delivered goods correspond with the ordered goods and if the price of the goods which are to be returned does not exceed an amount of EUR 40 or if in case of a higher price for the goods you have not yet paid the consideration or an instalment payment which was agreed as per contract at the time of the cancellation. Otherwise, the return shipment is free of charge for you. Obligations to refund payments must be satisfied within 30 days. The deadline shall begin for you when your declaration of cancellation is sent, for us when we receive the declaration.
(4) Exclusion from right of cancellation: The right of cancellation based on point 1 above shall not apply if you are a commercial operation in the sense of §14 of the BGB and the contract is concluded as part of the your commercial or sole trader activities.
§ 10 Data Protection
(1) Within the course of the execution of the contract We may collect data of the Customer. We comply with the provisions of the applicable data protection law.
Without the Customer`s consent We will therefore collect, process and use inventory data of the Customer only as far as necessary for the execution of the contract or in order to use or invoice teleservices.
(2) Without the Customer`s express consent We will not use the Customer`s data for purposes of advertising or market research, according to statutory provisions.
(3) The wording of the contract will not be stored by Us and cannot be retrieved once the ordering process is completed. The Customer may print out his order data including these GTC before submitting his order. After placing the order the Customer shall receive an email in which the order data is listed again.
§ 11 Copyrights
We own the copyright with regard to all images, films and texts, published in our Online Shop. The use of these images, films and texts is not allowed without our explicit consent.
12 Extrajudicial Dispute Resolution
(1) The European Commission provides a platform for online dispute resolution under: https://ec.europa.eu/consumers/odr. Consumers may use this platform for resolution of their disputes.
(2) The competent body for extrajudicial dispute resolution with our Customers is: Universalschlichtungsstelle des Bundes – Zentrum für Schlichtung e. V., Straßburger Str. 8, 77694 Kehl, email: firstname.lastname@example.org, telephone: +49 7851 79579 40, website: https://www.verbraucher-schlichter.de. We will take part in extrajudicial dispute resolution before this body if any disputes with You should occur.
§ 13 Final Provisions
(1) Contracts between the Provider and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN-Sales Convention. The parties agree on the non-exclusive venue for all disputes arising out of the contract of the courts on the seat of the Provider if You are not seated in Germany. This means that You are entitled to may make claims in connection with these GTC which are a result of consumer protection provisions either in Germany or in the EU Member State in which You live.
(2) Any invalidity of any provision of these GTC shall not affect the validity of the other provisions.