General terms and conditions with customer information
1. scope of application
2. offers and service descriptions
3. order process and conclusion of contract
4. prices and shipping costs
5. delivery, availability of goods
6. payment
7. payment modalities
8. retention of title
9. transport damages
10. warranty of quality and guarantee
11. liability
12. storage of the contract text
13. dispute resolution
14. final provisions
1. scope
1.1 For the business relationship between (Fridolin Taudtmann, Taudtmann Café und Bistro GmbH, Dortmunder Straße 1, 10555 Berlin, Germany)(hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”), the following General Terms and Conditions shall apply exclusively in their version valid at the time of the order.
1.2 You can reach our customer service for questions, complaints and objections on weekdays from 10:00 AM to 8:00 PM under the phone number 030-39878916 and by e-mail at mail@taudtmann.de.
1.3 Consumer in the sense of these terms and conditions is any natural person who enters into a legal transaction for a purpose that is predominantly neither their commercial nor their independent professional activity can be attributed (§ 13 BGB).
1.4 Deviating conditions of the customer are not recognized, unless the seller expressly agrees to their validity.
2. offers and service descriptions
The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Performance descriptions in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee.
All offers are valid “while stocks last”, unless otherwise noted with the products. In all other respects, errors are reserved.
3. order process and conclusion of contract
3.1 The customer can select products from the assortment of the seller without obligation and collect them via the button [into the shopping cart] in a so-called shopping cart. Within the shopping cart, the product selection can be changed, e.g. deleted. Subsequently, the Customer can proceed to the conclusion of the order process within the shopping cart via the button [Continue to checkout]. 3.2.
3.2 By clicking the button [order with obligation to pay], the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser function “back” to return to the shopping cart or cancel the ordering process altogether. Necessary data are marked with an asterisk (*).
3.3 The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the order of the customer has been received by the seller and does not constitute an acceptance of the application. The purchase contract is only concluded when the seller has sent or handed over the ordered product to the customer within 2 days or has confirmed the shipment to the customer within 2 days with a second e-mail, explicit order confirmation or sending of the invoice.
3.4 If the seller allows payment in advance, the contract is concluded with the provision of bank details and request for payment. If the payment is not received by the Seller within 10 calendar days after the order confirmation has been sent, the Seller shall withdraw from the contract with the consequence that the order shall lapse and the Seller shall not be obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the item in case of advance payment is therefore made for a maximum of 10 calendar days.
3.5 The languages available for the conclusion of the contract are German and English.
We store the text of the contract and send you the order data and our
our terms and conditions by e-mail. The contract text is for security reasons
no longer accessible via the Internet.
4. prices and shipping costs
4.1 All prices stated on the Seller’s website are inclusive of the applicable statutory VAT.
4.2 In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the Buyer on a separate information page and during the ordering process.
5. delivery, availability of goods
5.1 Insofar as advance payment has been agreed, delivery shall be made after receipt of the invoice amount.
5.2 If the delivery of the goods fails through the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3 If the ordered product is not available because the Seller is not supplied with this product by its supplier through no fault of its own, the Seller may withdraw from the contract. In this case, the Seller will immediately inform the Customer and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not wish a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.
5.4 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.6
6. Payment
Information on data protection according to EU-DSGVO.
Our company regularly checks your creditworthiness when concluding contracts and, in certain cases where there is a legitimate interest, also for existing customers. For this purpose, we cooperate with Creditreform Boniversum GmbH, Hellersbergstraße 11, 41460 Neuss, from which we receive the data required for this purpose. On behalf of Creditreform Boniversum we inform you in advance about the following information according to Art. 14 EU-DSGVO:
Creditreform Boniversum GmbH is a consumer credit agency. It a database in which creditworthiness information about
private individuals is stored. On this basis, Creditreform Boniversum issues credit reports to its customers. Clients include, for example, credit institutions, leasing companies, insurance companies, telecommunications companies, receivables management companies, mail order, wholesale and retail companies, and other companies that supply goods or services. Within the framework of the legal provisions, part of the data available in the information database is also used to supply other company databases, including for use for address trading purposes. In the Creditreform Boniversum database, information is stored in particular on the name, address, date of birth, e-mail address (if applicable), payment history and shareholdings of individuals. The purpose of processing the stored data is to provide information about the creditworthiness of the requested person. The legal basis for the processing is Art. 6 para. 1f
EU-DSGVO. Accordingly, information about this data may only be provided if a customer credibly demonstrates a legitimate interest in knowing this
information in a credible manner. If data is transferred to countries outside the EU, this is done on the basis of the so-called.
“Standard Contractual Clauses”, which you can view at the following link: http://eur-lex.europa.eu/legal-content/DE/TXT/PDF/?uri=CELEX:32001D0497&from=DE or have sent to you from there. The data will be stored as long as their knowledge is necessary for the fulfillment of the purpose of storage. As a rule, knowledge is necessary for an initial storage period of four years. After expiration, a check is made to determine whether storage is still necessary; if not, the data is deleted on a day-by-day basis. If a case is settled, the data is deleted on a daily basis three years after settlement. Pursuant to Section 882e of the German Code of Civil Procedure (ZPO), entries in the debtors’ register are deleted on a daily basis after three years have elapsed since the date of the entry order. Legitimate interests within the meaning of Art. 6 (1f) EU-DSGVO may be: credit decision, business initiation, investment relationships, claim, credit assessment, insurance contract, enforcement information.
You have the right to obtain information from Creditreform Boniversum GmbH about the personal data stored about you. If the data stored about you is incorrect, you have the right to have it corrected or deleted. If it cannot be determined immediately whether the data is incorrect or correct, you have a right to block the respective data until clarification. If your data is incomplete, you may request that it be completed.
If you have given your consent to the processing of data stored by Creditreform Boniversum, you have the right to revoke this consent at any time. The revocation does not affect the lawfulness of the processing of your data carried out on the basis of your consent up to any revocation. If you have any objections, requests or complaints regarding data protection, you can contact Creditreform Boniversum’s data protection officer at any time. He will assist you quickly and
help you quickly and confidentially in all questions of data protection. You can also complain about the processing of data by Boniversum to the state data protection officer responsible for your state.
The data that Creditreform Boniversum has stored about you comes from publicly available sources, from debt collection companies and from their customers.
In order to describe your creditworthiness, Creditreform Boniversum calculates a score value for your data. The score includes data on age and gender, address data and
gender, address data and, in some cases, payment experience data. These data are included in the score calculation with different weighting. Creditreform Boniversum clients use the score values as an aid in making their own credit decisions.
credit decisions.
Right of objection:
The processing of data stored by Creditreform Boniversum is carried out for compelling reasons worthy of protection of creditors and
credit protection that regularly outweigh your interests, rights and freedoms or serves the assertion, exercise or defense of legal claims. You can only object to Creditreform Boniversum processing your data for reasons that arise from a special situation that you have and that must be proven. If such special reasons can be proven, the data will no longer be processed there. The responsible party within the meaning of Art. 4 No. 7 EU-DSGVO is Creditreform Boniversum GmbH, Hellersbergstr. 11, 41460 Neuss, Germany. Your contact person in our company is the Consumer Service, Tel.: 02131 36845560, Fax: 02131 36845570, E-Mail: selbstauskunft@boniversum.de.
You can reach our data protection officer at the following contact details: Creditreform Boniversum GmbH, Data Protection Officer,
Hellersbergstr. 11, 41460 Neuss, e-mail: datenschutz@boniversum.de.
7. Payment modalities
7.1 The customer can choose from the available payment methods as part of and before completing the ordering process. Customers will be informed about the available payment methods on a separate information page “payment-methods“.
7.2 If payment by invoice is possible, payment must be made within 30 days after receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
7.3 If third-party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions shall apply.
7.4 If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case the customer has to pay the legal default interest.
7.5 The Customer’s obligation to pay default interest shall not preclude the Seller from asserting further claims for damages caused by default.
7.6 The customer shall only have a right of set-off if its counterclaims have been legally established or acknowledged by the seller. The customer may exercise a right of retention only insofar as the claims result from the same contractual relationship.
8. retention of title
Until full payment, the delivered goods remain the property of the seller.
For entrepreneurs, the following applies in addition: We retain title to the goods until full settlement of all claims arising from a
current business relationship. You may resell the goods subject to retention of title in the ordinary course of business; you assign all claims arising from this resale to us.
You shall assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the reserved goods with a new item – in the amount of the invoice amount, and we shall accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations.
9. Transport damage
If goods are delivered with obvious transport damage, please claim such defects as soon as possible to the deliverer and
please contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
10. Warranty for material defects and guarantee
10.1 The warranty shall be determined in accordance with statutory provisions.
10.2 A guarantee exists for the goods delivered by the seller only if it has been expressly given. Customers will be informed about the warranty conditions before initiating the ordering process.
11. Liability
11.1 The following exclusions and limitations of liability shall apply to Seller’s liability for damages, without prejudice to other statutory conditions for claims.
11.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
11.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
11.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
11.5 Insofar as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and agents.
12. Storage of the contract text
12.1 The customer can print the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.
12.2 The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, but at the latest upon delivery of the goods, the customer will also receive a copy of the terms and conditions together with the cancellation policy and the information on shipping costs and delivery and payment terms. If you have registered in our store, you can view your orders in your profile area. In addition, we store the contract text, but do not make it available on the Internet.
13. dispute resolution
13.1 The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board. Responsible is the general consumer arbitration board of the
Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am
Rhine, www.verbraucher-schlichter.de.
14. Final Provisions
14.1 The place of jurisdiction and performance is the registered office of the seller, if the customer is a merchant, a legal entity under public law or a special fund under public law.
14.2 If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
14.3 The language of the contract shall be German.
