Terms of service
GENERAL TERMS AND CONDITIONS (GTC) of Brotgfuehle Backmanufaktur KG, hereinafter referred to as the Contractor or Producer.
§ 1 Scope of Application; General Obligations of the Customer; Amendments to the GTC
(1) These General Terms and Conditions (hereinafter also referred to as “GTC”) of Brotgefuehle Backmanufaktur KG apply exclusively to all current and future orders placed by you (hereinafter also referred to as the “Customer”).
Hereinafter also referred to as “WE” or “BROTGEFUEHLE.de”.
(2) Any deviating, conflicting or supplementary general terms and conditions of the Customer shall not form part of the contract.
(3) All information you provide during the ordering process must be up to date and truthful. You must not disclose your password to third parties; you must keep it safe and inaccessible to unauthorised persons and notify us immediately in writing if it is lost or disclosed. You shall be liable in accordance with the statutory provisions for any misuse, e.g. for any unauthorised orders placed by third parties using your password and the resulting claims.
(4) Registration with BROTGEFUEHLE.DE is only possible directly via the online shop. Registration via Facebook and other social media is not permitted. You may choose to register permanently or as a guest.
(5) We reserve the right to amend these Terms and Conditions with future effect in accordance with the following procedure: To this end, we will notify you in advance of the proposed amendments during the next login process in our online shop, which you will carry out after the Terms and Conditions have been amended, and inform you of your right to object. The amendments shall be deemed accepted if you (a) confirm the amended Terms and Conditions or the notice regarding the amended Terms and Conditions during your login process, or do not object within two months of the notification of the amendments. If you object to the amendment of the Terms and Conditions, the customer shall be prevented from placing further orders in our online shop until the amended Terms and Conditions have been accepted.
§ 2 Conclusion of Contract; Non-binding Information, Quantities and Restrictions
(1) All information regarding our goods and prices prior to the conclusion of the contract is subject to change and non-binding. This does not apply to the nutritional information for the products displayed. Product images may not always correspond to the appearance of the products delivered. In particular, changes to the appearance and features of items may occur following updates to the product range by raw material suppliers. Claims for defects shall not apply in this regard to the extent that the changes are reasonable for you and do not deviate from an agreed specification. There is expressly no entitlement to the delivery of specific items in specific packaging.
(2) The accessories shown in connection with the products, e.g. wooden boards, knives, etc., are not included in the purchase and are intended solely for the presentation of our products for sale in the online shop.
(3) A valid contract of sale between BROTGEFUEHLE.de and the customer is concluded when BROTGEFUEHLE.de accepts the customer’s offer as follows:
The customer may submit a binding offer by completing and confirming the order form provided by BROTGEFUEHLE.de in the online shop. BROTGEFUEHLE.de may accept this offer either by sending a binding declaration of acceptance or by dispatching the ordered goods. Until this point, BROTGEFUEHLE.de may refuse acceptance at any time without giving reasons. A claim for delivery of the ordered goods arises only upon acceptance of the offer. The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue. By clicking the “Pay” button, you will be redirected to the “Checkout” page in our online shop. All purchase, delivery and payment information relevant to you is summarised on the “Checkout” page of the online shop. After the customer has checked their details, clicked on the “Privacy Policy” and confirmed that they have read these Terms and Conditions, they complete the binding order for the goods in the shopping basket by clicking on the “Order” button. The “Order” process is completed once you have entered all essential information – marked with an (*) – on the “Checkout” page. Confirmation of receipt of your order will be sent immediately after you place your order via an automated email. This order confirmation does not constitute an acceptance of your order. We may accept your order by sending an order confirmation (statement of acceptance) by email or by dispatching the goods within ten days or a shorter period.
(4) Our offer is aimed at end consumers in Germany. The goods ordered are not intended for resale. Therefore, we only accept orders in quantities customary for household use.
(5) Our offer may also be directed at businesses acting as resellers. For resellers, supplementary written agreements must be entered into to enable a ‘listing’ and the use of the BROTGEFUEHLE.de online shop as an order processing platform.
(6) We will store the text of the contract and send you the order details 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 once the order has been submitted.
(7) BROTGEFUEHLE.de does not offer products for sale to minors. If you are under 18, the involvement of a parent or guardian is required.
§ 3 Notice regarding the statutory right of withdrawal for consumers, agreement on return costs
(1) Please note that the products sold by BROTGEFUEHLE.de are perishable goods. You are therefore not entitled to a right of withdrawal in this respect (Section 312g(2)(2) of the German Civil Code (BGB)).
(2) If registered end consumers have ordered goods for collection from a pick-up store, you are not entitled to a right of withdrawal. Please note the information below regarding the right of withdrawal for consumers and the model withdrawal form.
§ 4 Contract term, termination, automatic renewal
(1) In principle, purchase contracts concluded with us are deemed to be “one-off purchase contracts”. To facilitate the purchase process for repeat purchases, we store the essential information that simplifies or speeds up the purchase process for repeat customers.
(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 not permitted once the ordering and purchase process has been completed.
§ 5 Delivery Area, Delivery, Delivery Conditions, Retention of Title; Transfer of Risk; Interruption of Delivery
(1) We deliver our fresh baked goods exclusively within the delivery area to addresses accessible by delivery services.
(2) We deliver to the address you have specified as the delivery address in your customer area on our website BROTGEFUEHLE.de. The address of the pick-up store you have selected on our website or in our online store BROTGEFUEHLE.de for collecting your ordered goods also counts as a delivery address. It is still possible to change the address during the “Payment” process. Once the ordering process and the associated payment process have been completed, no further changes are possible. Changes to the address or the selected pick-up store where you collect your goods will only be possible for deliveries on your next order.
(3) You undertake to ensure that you, or a third party appointed by you, collect the goods from the delivery address you have specified during the collection period you have indicated, if you purchase our goods via a delivery service.
(4) If it is not possible to collect the goods in person or if you are unable to take delivery of the goods in person, the contract may also be fulfilled by delivering the goods to a neighbouring household or business. Neighbouring households or businesses are, preferably, recipients located in the same building as the addressee; delivery may also be made to recipients located within walking distance of the addressee (e.g. the same residential complex, opposite side of the street or neighbouring houses) (hereinafter also referred to as ‘neighbours’). If delivery is made to such a neighbour, you will be notified of this by a notification card being posted through your letterbox or by email.
(5) If you fail to collect the goods from your chosen pick-up store during the stated opening hours, or if, in the case of delivery by a courier service, neither personal handover nor handover to a neighbour is possible, you will be in default of acceptance, unless one of the exceptions in paragraph 6 applies. Goods left at the pick-up store will remain there until the next working day or opening day. In the case of delivery by a courier service, no further delivery attempt will be made. All additional costs associated with the default of acceptance, including any loss of the goods ordered by the customer, shall be borne by the customer.
(6) If you grant us permission to leave the goods, the contract may also be fulfilled by leaving the goods at a location specified by you within the delivery address area that is accessible to the delivery driver. Alternatively, performance may take the form of making the goods available for collection only at a pick-up store selected by you, which has entered into a pick-up store agreement with us and is specifically named in our online store
(7) Upon delivery to the specified location or to the pick-up store in accordance with our instructions, or upon handover to a neighbour, the risk of loss or damage to the goods passes to you. BROTGEFUEHLE.de accepts no liability for any damage or defects arising thereafter. Any ambiguities regarding the specified delivery location shall be at your expense in the event of damage. BROTGEFUEHLE.de is under no obligation to check the suitability of the delivery location.
(8) For deliveries to end consumers, the goods must be paid for in advance using the payment methods offered by us in the online shop or for collection points.
(9) Delivery of unpaid goods at the time of handover is only possible for business customers with whom individual delivery and payment terms have been agreed.
§ 6 Warranty
The statutory warranty applies.
§ 7 Prices and delivery charges; due date; payment; set-off; retention; credit balances; vouchers
(1) Prices include VAT and, unless otherwise agreed, exclude delivery charges within the delivery area.
(2) BROTGEFUEHLE.de’s claims are due immediately from end customers, without prejudice to any statutory right of withdrawal. For business customers, the individually agreed contractual terms of payment apply.
(3) End customers (purchasers) may choose to pay using the payment methods provided on our website.
(4) You are only entitled to set-off if your counterclaims have been legally established, are ready for a decision, or are undisputed by us. You are only authorised to exercise a right of retention to the extent that your counterclaim is based on the same contractual relationship.
Upon conclusion of a contract, the account specified by the customer shall be debited immediately with the invoice amount stated in the online shop, which is used by the customer in relation to the order concluded by clicking the ‘Order’ button. Unless otherwise specified, payment transaction fees for the processing of the purchase transaction shall be borne by the customer.
Please note that, for technical reasons, the debit from your account may not appear in your statement for a few days.
(5) Credit added to your customer account from ‘Refer-a-Friend’ promotions will be automatically applied to the purchase price of the next available delivery(s). If the accumulated credit exceeds the purchase price of the delivery, it will be offset against subsequent deliveries until the credit is exhausted.
The amount of the credit for the referrer is determined by the current offer of the “Customer-refers-Pick-up-Store” promotion at the time the referred Pick-up-Store signs the contract.
Separate terms and conditions apply to “Customer-recommends-Pick-up-Store” promotions.
The referrer’s credit balance will expire if the customer does not use up the balance through further orders within 3 months. Under no circumstances may the credit balance be paid out in cash or transferred to third parties, unless expressly stated otherwise.
(6) The terms and conditions for redeeming vouchers depend on the relevant promotions. Unless specific voucher terms have been specified, the following conditions generally apply:
1. Vouchers cannot be combined with other discount promotions.
2. Vouchers are generally valid only once for a new customer’s in-store collection.
3. Vouchers cannot be applied retrospectively.
4. Vouchers cannot be combined with any existing credit balance.
§ 8 Liability of BROTGEFUEHLE.de, Obligations of the Customer
(1) BROTGEFUEHLE.de shall be liable to the customer in the event of damage
(a) arising from injury to life, limb or health caused by a breach of duty by BROTGEFUEHLE.de or one of its legal representatives or vicarious agents, (b) under the Product Liability Act, arising from the assumption of a guarantee or due to fraudulent misrepresentation, (c) if BROTGEFUEHLE. de or its legal representatives or vicarious agents have caused the damage intentionally or through gross negligence, or (d) if the damage has arisen from a breach of an obligation on the part of BROTGEFUEHLE.de, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer regularly relies and is entitled to rely (cardinal obligation).
(2) BROTGEFUEHLE.de shall be liable without limit as to amount in the cases referred to in paragraph 1, letters (a), (b) and/or (c). In all other respects, the claim for damages shall be limited to the foreseeable damage typical for this type of contract.
(3) In cases other than those specified in paragraph 1, BROTGEFUEHLE.de’s liability is excluded regardless of the legal basis.
(4) The liability provisions in the preceding paragraphs also apply to the personal liability of the officers, employees and vicarious agents of BROTGEFUEHLE.de.
(5) The customer is obliged to carefully read and observe the product information, consumption instructions and warnings relating to the products delivered, both before placing an order in the online shop and before use.
(6) You shall indemnify BROTGEFUEHLE.de against any claims by third parties that are not based on a breach of duty by BROTGEFUEHLE.de.
§ 9 Data Protection
Please refer to our privacy policy regarding data protection.
§ 10 Dispute resolution for consumers
The European Commission operates an online dispute resolution (ODR) platform with further information, which can be accessed online via the link
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=DE
. However, we do not participate in formal dispute resolution proceedings before consumer arbitration boards.
§ 11 Applicable law, no ancillary agreements, provisions regarding invalid or unenforceable provisions and gaps in the agreement
(1) German law shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) There are no ancillary agreements.
(3) Should any provision of the concluded contract be or become invalid or unenforceable, the remainder of the contract shall remain valid. The invalid or unenforceable provision shall be replaced by the statutory provision or, in the absence of a statutory provision, by the valid and enforceable provision which the parties would have agreed upon in good faith had they been aware of the invalidity or unenforceability. The same shall apply in the event of a gap in the provisions.
§ 12 Cancellation Policy
Right of cancellation
You have the right to cancel your contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which you or a third party named by you, other than the carrier, took possession of the goods. To exercise your right of withdrawal, you must inform us
Brotgfuehle Backmanufaktur KG
Brühl 6
04109 Leipzig
Telephone: +49-341-248 659 00
Email: kontakt(at)BROTGEFUEHLE.de
by means of a clear statement (e.g. email, fax or letter sent by post) of your decision to withdraw from this contract. You may use the model withdrawal form provided here (below), although this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of any additional costs arising from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund. Any fees charged to you by your payment service provider shall be borne by you.
We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without delay and, in any event, no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you post the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods. You shall only be liable for any diminished value of the goods if this is attributable to handling of the goods that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.
Additional information
The right of withdrawal does not apply to contracts for the supply of goods which are liable to deteriorate rapidly or whose expiry date would be exceeded rapidly. (Section 312g(2)(2) of the German Civil Code (BGB)). This applies in particular to our bread deliveries, deliveries of patisserie goods and the provision of goods ordered by the customer for collection from the pick-up store selected by the customer in our online shop.
Model withdrawal form
(If you wish to withdraw from the contract, please complete this form and return it.)
To ____________________________ ____________________________ ____________________________ ____________________________ [insert: Supplier’s name, Supplier’s address]
I hereby withdraw (*) from the contract I (*) entered into 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 the consumer(s) | |
Address of the consumer(s) | | | _|
Date Signature (only for paper notifications)
...(*) Delete as appropriate
End of the cancellation policy
As of: May 2023
