GTC – Download (pdf)
Sample revocation form download (pdf)
GENERAL TERMS AND CONDITIONS CFG FISCHER GMBH
These General Terms and Conditions (hereinafter only referred to as GTC) shall apply to all legal relationships between CFG Fischer GmbH (hereinafter only referred to as CFG Fischer) and customers of CFG Fischer (hereinafter only referred to as Customer and / or Purchaser) who place orders via the Internet store of CFG Fischer or make use of other services of CFG Fischer.
§ 1. GENERAL PROVISIONS / SCOPE OF APPLICATION / CONTRACTUAL LANGUAGE
- These GTC regulate the legal relationship between CFG Fischer and the Client, who places orders via the Internet store of CFG Fischer or makes use of other services of CFG Fischer.
- These GTC shall also apply if the customer uses terms and conditions that deviate from these or if services are provided to the customer in the knowledge of conflicting GTC. Deviating, supplementary and/or contradictory terms and conditions of the customer shall therefore not become part of the contract even if we are aware of them, with the exception that our consent has been given with regard to their validity. We provide all services exclusively on the basis of these GTC. The version (of the GTC) valid at the time of the performance of the business act shall apply, unless it has been amended by other agreements.
- By sending the order, the customer assures that he/she has full legal capacity. With the conclusion of the contract, the contractual partner confirms to have taken note of these GTC and to accept them as part of the contract. The contract language is German.
- We provide our services to consumers within the meaning of § 13 BGB and entrepreneurs within the meaning of § 14 BGB. An entrepreneur within the meaning of § 14 of the German Civil Code (BGB) is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. A partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities. A consumer within the meaning of Section 13 of the German Civil Code (BGB) is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. Whether the customer is acting as a consumer or as an entrepreneur is determined by the information provided in the order process or the underlying order. The provisions of these GTC apply equally to consumers and to entrepreneurs, unless the respective provision makes an explicit reference only to consumers or only to entrepreneurs.
§ 2. CONCLUSION OF THE CONTRACT / SUBJECT MATTER OF THE CONTRACT / PERFORMANCE BY THIRD PARTIES
- The offering of products in our Internet store and all sub-pages does not constitute a binding offer to conclude a contract. The presentation of these goods / these services is only to be understood as an invitation to submit an offer by the customer.
- By ordering the desired product by pressing the button “buy now”, the customer makes a binding offer to conclude a purchase contract. Then the customer receives an automatic order confirmation by e-mail. This order confirmation does not constitute an acceptance of the customer’s offer. This automatic order confirmation summarizes the contents of the order again. We are entitled to accept the offer, in the form of the order, of the customer within 7 days after the order has been placed. Beyond this period, the customer is no longer bound to his offer. We accept the customer’s offer by sending a timely order confirmation to the e-mail address sent by the customer.
- The subject matter and content of the contract between us and the customer as well as the corresponding scope of services result from these GTC, the customer’s order and the product details from the order process. We are entitled to use third parties to fulfill the rights and obligations arising from the contract with the customer.
§ 3. ORDER PROCESS INTERNET STORE / MANDATORY INFORMATION
- As part of the purchase process when purchasing products through the Internet store, the customer must provide mandatory information so that the purchase can be completed. Mandatory fields are marked as such and must be filled in by the customer. The purchase is possible only if the customer fills in these mandatory fields. Areas not marked as mandatory fields do not have to be filled in by the customer. The customer is obliged to fill in all the fields to be filled in properly and according to the truth. If this is not done and damage occurs as a result, the customer is obliged to reimburse this damage.
- Only after the customer has made his specifications, among other things, regarding the product as well as the shipping and payment options and the goods have been placed in the “shopping cart”, the binding order is made via the designated button, which results in the obligation to pay the costs of the purchase transaction.
§ 4. PRICES / PAYMENT MODALITIES / SHIPPING
- The remuneration is based on the prices indicated in the ordering process. All prices mentioned are in Euro. The price for the product results from the ordering process and is fully displayed before submitting the binding order by means of the button “buy now”. This is a final price and includes all final pricing, including VAT, shipping, handling and any fees for the payment method selected by the customer.
- The amount of the packaging and shipping costs results from the order process. If no other arrangement results from the information in the order process, “payment in advance” is agreed as the payment method. With full payment of the product will be shipped. If the payment cannot be made by the customer and this is due to the fault of the customer, e.g. the customer is not responsible for the payment. because the account is not covered and a charge is levied for the return debit note, the customer must reimburse us for these costs. Invoices are due for payment no later than 3 working days after the invoice date.
- Sufficient is the accounting in electronic form. The products will be shipped only after full payment by the customer, unless otherwise specified in the order process.
§ 5. DELIVERY / DELIVERY MODALITIES
The delivery modalities and delivery times result from the information from the ordering process. We may use the services of third parties for the delivery of products.
§ 6. RETENTION OF TITLE / DATA / STORAGE
- Our goods remain our property until the customer has fulfilled his payment obligations.
- The customer has the right to request information about the type and scope of the stored data at any time. The customer also has the right to request the deletion of his data at any time. The data will be used exclusively for the contractually intended purpose.
- For maximum enjoyment when eating the stollen should pay attention to proper storage, as this is crucial for the quality and shelf life of the stollen. Ensure cool storage with increased humidity so that Christmas cookies retain their excellent taste and necessary moisture for several weeks. If possible, store at 50 – 80 % relative humidity. The temperature should be in the range between 10 and 18 degrees Celsius. Do not expose the cleats directly to sunlight. Store in the original carton or tin.
§ 7. WARRANTY / DAMAGES / LIABILITY / EXCLUSION OF LIABILITY
- Unless otherwise stipulated below, the statutory provisions shall apply with regard to the liability for material defects and the warranty.
- Further claims for damages other than those regulated in this contract, for example due to delayed performance and/or breach of a contractual obligation, are excluded, unless they are due to intent, gross negligence, fraudulent concealment or due to injury to life, limb or health. Furthermore, the above exclusion of liability shall not apply if a material contractual obligation is breached or claims under the Product Liability Act exist. In all other respects, the statutory provisions shall apply. These exclusions of liability also apply to the activities of our vicarious agents.
§ 8. TRANSFER OF RISK
The risk of loss of the goods shall not pass to the customer until the goods are handed over to the customer if the customer has placed the order in his capacity as a consumer.
§ 9. RIGHT OF WITHDRAWAL FOR CONSUMERS (ORDER INTERNET STORE)
Right of withdrawal
The customer has the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which the purchaser or a third party named by him, who is not the carrier, has taken possession of the first goods. To exercise your right of revocation, you must inform us CFG Fischer GmbH, Managing Director: Kristina Fischer, Gambrinusstrasse 16, 01159 Dresden, e-mail: firstname.lastname@example.org, Tel.: 0351 / 49 766 390, Fax.: 0351 / 49 766 392) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached sample withdrawal form, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we will reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the inexpensive standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received notification of your withdrawal. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse to refund you 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 immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the direct costs of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
End of the cancellation policy
Here you can download a sampleform to download here.
Sample cancellation form
If you want to revoke the contract, please fill out this form and send it back to:
CFG Fischer GmbH,
Gambrinus street 16
I/we hereby revoke the contract concluded by me/us for the delivery of the following goods:
Name of consumer(s):
Address of the consumer(s):
Signature of the consumer(s):
(only for communication on paper) Delete as applicable.
§ 10. final provisions
- The business relations between us and the customer shall be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The contract language is German.
- Should individual provisions of these GTC be invalid or be amended on the basis of contractual agreement, this shall not affect the validity of the remaining provisions of these GTC, unless adherence to the contract would represent an unreasonable hardship for one party.
- If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between us and the customer shall be our registered office. The same shall apply if the customer does not have a general place of jurisdiction in Germany or another EU member state or if the customer’s place of residence or habitual abode is unknown at the time the action is brought.
- The European Commission provides a platform for online dispute resolution (OS), which can be found at https://ec.europa.eu/consumers/odr. We are not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.
CFG Fischer GmbH
Fon: 0351/49 76 63 90
Fax: 0351/49 76 63 92
Tax no.: 203/107/18115
VAT number: 295 720 954
GTC – Download (pdf)
Sample revocation form download (pdf)
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die Sie unter https://ec.europa.eu/consumers/odr finden. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.
This post is also available in: German