GTC

General terms and conditions of the online-shop www.baeckerei-laube.de/en/online-shop/

§1 General

(1) We, the company Bäckerei Laube GmbH und Co KG, represented by Bäckerei Laube Verwaltungsgesellschaft mbH, the latter represented by its managing directors Marcel Nitz and Sandra Schmidt, Güterbahnhofstraße 1, 01705 Freital, Germany (hereinafter also referred to as “we” or “store operator”) offer goods for sale via the website www.baeckerei-laube.de/en/online-shop/.

(2) These General Terms and Conditions shall apply exclusively to our services. Deviating general terms and conditions, such as the customer’s terms and conditions of purchase, are hereby rejected. The customer’s terms and conditions of purchase are hereby rejected.

(3) If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, our General Terms and Conditions shall also apply to future transactions, even if they are not expressly agreed again

§2 Right of withdrawal for consumers (§ 13 BGB)

If you conclude the purchase in our store as a consumer (§ 13 BGB), the following applies in your favor (subject to the following § 3):

Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is

1. in the case of a purchase contract for a single item or several items that you have ordered as part of a single order and which are delivered in a single delivery, fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods,

2. in the case of a purchase contract for several goods which you have ordered as part of a single order and which are delivered separately, fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods

and

3. in the case of a contract for the delivery of goods in several partial shipments or pieces, fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last partial shipment or the last piece.

To exercise the right to cancel, you must inform us (Bäckerei Laube GmbH und Co. KG, Güterbahnhofstraße 1, 01705 Freital, Deutschland, Phone: +49(0)351/649610; Fax: +49(0)351/649610, E-Mail: info@baeckerei-laube.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but 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 has expired.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. 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 earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

End of the withdrawal policy

§3 Exclusions of the right of withdrawal

The right of withdrawal according to § 2 does not apply to the following contracts:

– Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,

– Contracts for the supply of goods that can spoil quickly or whose expiry date would be quickly exceeded

and

– Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery

§4Revocation form

You can use the following form to declare your revocation, but its use is not mandatory:

Sample withdrawal form

(If you wish to cancel the contract, please complete this form and return it to us).

– To Bäckerei Laube GmbH und Co KG, Güterbahnhofstraße 1, 01705 Freital, Germany, fax: +49(0)351/649610, e-mail: info@baeckerei-laube.de

– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only for notification on paper)

– Date

(*) Please delete as appropriate

§5 Prices

The prices shown on our website at the time of ordering apply to the goods offered and their shipment. The prices quoted are end consumer prices (or total prices) including statutory VAT, if applicable

§6Conclusion of contract, storage of contract content

(1) Our product descriptions do not constitute a binding offer.

(2) After selecting the desired goods, clicking on “Continue to checkout”, entering your personal data (in particular shipping address), selecting the payment method, confirming the GTC and the data protection provisions and checking the accuracy of your details on the following overview page and by confirming the “Order with obligation to pay” button in the final step of the ordering process, you submit a binding purchase offer for the goods contained in the shopping cart. If your order has been successfully sent to us, you will receive an e-mail confirming receipt of the order and providing you with all the necessary information about the order and the goods ordered. This confirmation e-mail does not constitute a binding acceptance of the order by us. The confirmation e-mail only constitutes a declaration of acceptance if this is expressly declared by us. However, a contract and thus a contractual commitment for the individual services is concluded when we expressly accept your purchase offer by means of an order confirmation or by conclusive action, in particular by sending an advance payment request or dispatch and receipt of the goods. You are bound to his offer for a period of 7 working days.

Alternatively, if the payment method PayPal is selected, a contract is already concluded when the order process is completed by confirming the button “Order with obligation to pay” if the payment instruction is made to PayPal.

(3) You can cancel the order at any time by pressing the “Cancel” or “Back” button and by closing the browser window. The overview page that appears before completing the order allows you to check your details again for input errors and, if there is an input error, to correct it by pressing the “Back” button. German is the only language available for the conclusion of the contract.

(4) The content of the contract is stored by us for

• the duration of the fulfillment of the contract (legal basis for this is Article 6 (1), sentence 1, lit. b) GDPR),
• subordinate to the fulfillment of our (in particular tax) legal obligations (legal basis Article 6 (1), sentence 1, lit. c) GDPR) and
• if you create a profile, for the duration of your existing consent (legal basis is then Article 6(1)(a) GDPR).

The content of the contract will also be sent to you with the confirmation email and, if you lose your documents, a copy can be sent to you in text form on request.

§7Terms of payment, shipping, delivery time and retention of title

(1) Unless otherwise agreed in individual cases, the following shall apply to payment and shipment:

a) You can pay by bank transfer in advance, payment via PayPal (hereinafter also referred to as “advance payment”) or on account (only for existing customers).

b) Information on the delivery period can be found on our website. The delivery period begins – depending on the payment method – if you pay in advance on the day after the payment order is issued by you to the payment service provider executing the payment and – provided the order originates from one of our existing customers – in the case of payment on account after conclusion of the contract. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day shall take the place of such a day. If payment by invoice has been agreed, we shall enclose an invoice with the goods.

c) You bear the costs for the outward shipment. We only ship within the European Union and to Switzerland. In the latter case and insofar as you wish the goods to be shipped to another country outside the European Union in individual cases, you shall be responsible for the proper import customs clearance and shall bear the costs thereof.

d) The conditions for payment, delivery time and shipping can be regulated in the online offer in deviation from the above paragraphs. In this case, the regulations on our website shall apply.

(2) If you are in arrears with your payment and you enter into the transaction as a consumer (Section 13 BGB), you shall be obliged to pay us default interest at a rate of 5 percentage points above the base interest rate, unless we can prove that we have incurred higher damages. If you are acting as an entrepreneur, sentence 1 shall apply with the proviso that the default interest rate is 9 percentage points above the prime rate.

(3) The delivered goods shall remain our property until full payment has been made. For transactions with entrepreneurs (§ 14 BGB), legal entities or special funds under public law, the following also applies:

1. In dealings with merchants, ownership shall not pass to them until they have fulfilled all their obligations to us. In the case of a current account, the reserved title shall also serve as security for our balance claim;

2. you are obliged to treat the reserved goods with care and to insure them adequately at your own expense against destruction or damage (in particular damage caused by fire, water and theft);

3. you must notify us immediately of any impairment of our rights, in particular enforcement measures by third parties against the reserved goods, handing over any documents necessary for an intervention on our part; this also applies to impairments of any other kind. Irrespective of this, you must inform the third party in advance of our existing rights to the goods subject to retention of title and

4. In the event of resale of the goods subject to retention of title, you hereby assign to us as security all claims against your customers arising from the resale until all our claims have been satisfied. If the goods subject to retention of title are processed, transformed or combined with another item, we shall directly acquire (co-)ownership of the manufactured item. If the value of the security for our claims exceeds the claim to be secured by more than 20%, we shall, at your request and at our discretion, release securities to which we are entitled to a corresponding extent.

(4) If we have concluded a contract with our supplier for the delivery of the goods on the occasion of your order (so-called “covering transaction”) and if our supplier does not fulfill his delivery obligation from the covering transaction, we can withdraw from the purchase contract by declaration to you. In the case of sentence 1, we will inform you immediately of the non-availability and reimburse you immediately for any payments already made or other considerations on your part in this case.

§8Warranty rights

(1) If defects occur in the goods within the statutory period, it is your responsibility to inform us of these and to return the goods to us at our expense. Since freight collect shipments are associated with high additional costs, you are not entitled to choose this type of shipment; we will therefore reimburse you immediately for the costs of shipment and, at your special request, also advance the costs.

(2) The fulfillment of any warranty rights shall be governed by §§ 433 et seq. BGB. If you do not purchase as a consumer (§ 13 BGB), the period for asserting warranty rights is limited to one year and we are entitled to repair or replace the goods at our discretion. Furthermore, in cases of sentence 1, we shall not be liable for any necessary expenses (in particular transport, travel, labor and material costs) incurred by you as a result of the goods being taken to a place other than the place of performance. In all other respects, the statutory provisions shall apply to contracts with entrepreneurs, legal entities and special funds under public law.

§9Liability clause

(1) We shall pay damages or compensation for futile expenses, irrespective of the legal grounds (e.g. from legal and similar obligations, breach of duty or tort), only to the following extent:

a) Liability in the event of intent or under guarantee remains unlimited.

b) In the event of gross negligence, we shall be liable

aa) to entrepreneurs, legal entities or special funds under public law in the amount of the typical damage foreseeable at the time of conclusion of the contract, unless it is such an essential obligation whose fulfillment is essential for the proper execution of the purpose of the contract and on whose compliance you may therefore regularly rely (so-called cardinal obligation), but

bb) We shall be liable to consumers for gross negligence without limitation.

c) If we breach a cardinal obligation through simple negligence, we shall only be liable to the extent of the damage typically foreseeable for us at the time the contract was concluded.

d) If we are in default with our performance, we shall also be liable for coincidence, unless the damage would also have occurred if performance had been made on time.

e) Otherwise, we shall not be liable for simple or minor negligence.

(2) We reserve the right to object to contributory negligence. You have a duty to back up data in accordance with the current state of the art.

(3) Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, representatives and vicarious agents.

(4) The above paragraphs of § 9 (liability clause) shall not apply in the event of injury to life, limb or health or in the event of claims under the Product Liability Act.

§ 10 Data protection

Our data protection regulations apply.

§11 Choice of law, Hince reference to European platform for online dispute resolution (“OS”), Information within the meaning of § 36 VSBG, place of performance and jurisdiction

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This choice of law shall only apply to consumers (§ 13 BGB) ordering from another member state of the European Union or another state party to the Agreement on the European Economic Area insofar as this does not deprive them of the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence (so-called “favorability principle”).

(2) According to EU Regulation No. 524/2013 on online dispute resolution for consumer disputes, as of January 9, 2016, consumers have the option of settling disputes with traders in connection with online sales contracts or online service contracts out of court via an online platform (ODR platform). This platform is maintained by the EU Commission and can be accessed via the following link: http://ec.europa.eu/consumers/odr/.

(3) We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (see § 36 VSBG).

(4) The place of performance and jurisdiction for all disputes arising from and in connection with this contract is Dresden for contracts with merchants, legal entities under public law or special funds under public law.

Status: September 2022