General terms and conditions

General Terms and Conditions of Business

I. General Terms and Conditions (GTC) and information on order processing

1. Scope of application

The business relationship between Gabriela Zander-Schneider (hereinafter referred to as the seller) and the customer is governed exclusively by these General Terms and Conditions (hereinafter referred to as the “GTC”) in the version valid at the time of the order. We do not recognise any terms and conditions of the customer that conflict with or deviate from our GTC, unless we have expressly agreed to their validity in writing. Our General Terms and Conditions shall also apply if we carry out the delivery to the customer without reservation in the knowledge that the customer’s terms and conditions conflict with or deviate from our General Terms and Conditions. The terms and conditions apply to all business transactions by the seller as well as to all services offered on the internet pages http://www.zander-schneider.de, the associated sub-domain http://www.gabriela.zander-schneider.de, as well as http://www.apfelkuchen-fuer-die-seele.de. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a transaction with us that is neither attributable to his commercial nor his independent professional activity (§ 13 BGB). Entrepreneurs within the meaning of these GTC are all natural or legal persons or associations of persons who, when concluding their transaction with us, act in the exercise of their commercial or self-employed activity (§ 14 BGB). Your contractual partner in all cases in which you order books on the website http://www.zander-schneider.de, the associated sub-domain http://www.gabriela.zander-schneider.de, as well as http://www.apfelkuchen-fuer-die-seele.de or by other means is Gabriela Zander-Schneider.

2. Prices

Our prices for all products apply ex warehouse or seller or printing location. Unless otherwise agreed or expressly stated, the purchaser shall bear the costs for shipping and packaging of the delivery. The shipping costs shall be determined upon delivery of the goods. The prices stated are final prices including the statutory value added tax. According to §19 Abs. 1 UstG. the value added tax cannot be shown separately. As a rule, prices for books are subject to the Price Maintenance Act. Therefore, the valid retail price set by the seller shall apply. We reserve the right to make price changes due to printing errors and mistakes.

3. Delivery

The delivery of the goods shall be made at the request and expense of the purchaser at the prices stated in Clause 2 to the specified order address. Delivery is generally made for each order only after payment has been made in advance. We reserve the right to make changes in delivery, shop prices and equipment. If products are out of stock at the time of the order, claims for damages for this reason shall be excluded.

4. Order process by e-mail, order confirmation, conclusion of contract

If you wish to purchase one or more products, please first inform yourself about our General Terms and Conditions. You will find this information by clicking on the button “AGB” in the menu bar of the website. Please inform us by e-mail which product you want to order and in which quantity. Please also state your full name and delivery address. A P.O. Box address is not sufficient.
For information on data protection when transmitting your personal data, please refer to section VII, among others.
You will be informed of the receipt of your order, the price of the goods, the shipping costs and the bank details immediately by e-mail. This order confirmation does not constitute acceptance of the contract unless this is expressly stated therein. The purchase contract is only concluded when the transfer amount has been received in the specified account. The shipment to the specified shipping address usually takes place on the next working day. The invoice will be enclosed with the shipment.

No sale of alcohol to minors under 18 years of age

5. Right of withdrawal

You may revoke your contractual declaration in writing (e.g. letter, fax, e-mail) within 14 days without stating reasons or – if the goods are delivered to you before the deadline – by returning the goods. The period begins with the receipt of the goods by the recipient. In order to comply with the revocation period, it is sufficient to send the revocation or the goods in good time. The revocation is to be sent to: Gabriela Zander-Schneider Lübecker Straße 6 50858 Cologne info(at)zander-schneider.de

6. Consequences of revocation

In the event of an effective revocation, the services received by both parties must be returned. If you are unable to return the goods received in full or in part or only in a deteriorated condition, you may be required to compensate us for the loss in value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection – as would have been possible for you in a shop, for example. In addition, you can avoid the obligation to pay compensation for the value of a deterioration caused by the intended use of the goods by not using the goods as if they were your property and by refraining from doing anything that could impair their value. You must bear the costs of the return shipment. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the item, for us with its receipt. A right of withdrawal expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of withdrawal. In the case of some of the Seller’s products, deterioration of the goods already occurs after opening the product packaging (not shipping packaging), as these are hygiene-relevant commodities under food law. This concerns goods which are e.g. intended for consumption or for single use or which are intended for contact with food. In this case, the seller may claim compensation for the value of the goods up to 100% of the invoice price of the respective goods. (End of the cancellation policy)

7. Exchange and return policy

We guarantee a right of return within 14 days for unused goods. The return period is observed by sending the goods in due time (invoice date). We will only accept the return if it has sufficient postage. According to the Distance Selling Act, you have two weeks after receipt of the goods to return the ordered items. The right of return is exercised by sending the received goods within the time limit. The purchase contract is thereby cancelled and we will immediately refund the purchase price if it has already been paid. The timely dispatch of the goods is sufficient to meet the return deadline. Obvious defects (in particular damage, incorrect deliveries or deviations in quantity), transport damage or other defects must be notified to us in writing without delay, at the latest, however, within a period of 14 calendar days after receipt of the goods. Notification by email to info(at)zander-schneider.de is sufficient. Within the scope of the right of withdrawal, you have the opportunity to inspect and examine ordered items – just as would be possible in a retail shop. This right does not include the use of the delivered items. We will not take back books with visible signs of use that make it impossible to sell the product again. The right of return is not valid for price-reduced goods, on the occasion of special sales promotions. The assignment of warranty claims to third parties is excluded. If the buyer sells the items delivered by us to third parties, he is prohibited from referring to us for the associated legal and / or contractual warranty claims.

III. Transfer of risk

The goods are delivered at the risk of the customer. The risk shall pass to the customer when the goods are handed over to the transport company. This also applies if we have assumed the transport costs. Complaints due to transport damage (e.g. damaged packaging on receipt of the goods) must be made by the customer directly to the transport company within the time limits provided for this purpose. Section 447 of the German Civil Code (BGB) shall apply.

1. Warranty

We guarantee that the goods sold are free from material and manufacturing defects at the time of the transfer of risk and that they have the contractually guaranteed properties. Upon arrival, the customer must immediately inspect the goods for defects and condition. In the case of obvious defects, these must be reported to us in writing within 3 days of discovery, as must hidden defects. Otherwise the warranty for these defects shall lapse. The warranty period is 24 months from delivery. In the case of complaints, the date of purchase must be proven with an invoice. The article complained about must be sent in together with a copy of the invoice, sufficiently stamped. We reserve the right to deviations from Internet and/or brochure/catalogue illustrations. These deviations as well as customary deviations with regard to colour, quantity or weight are not considered defects and do not trigger any warranty claims. The warranty does not cover normal wear and tear. The warranty shall expire if the customer modifies the delivered goods. We have the right to rectify defects free of charge during the warranty period. A partial or complete replacement of the item is permissible. If defects are not remedied within a reasonable period of time, the buyer shall be entitled to rescission or reduction.

2. Liability

We do not accept any liability for delivered goods that have been altered by the buyer or third parties after dispatch or collection. We do not accept any liability for damage of any kind caused by intentional or negligent impairment of the products delivered by us by the customer. Claims of the customer for damages, e.g. due to non-fulfilment, culpa in contrahendo, breach of ancillary contractual obligations, consequential damages, damages in tort and other legal grounds are excluded. As an exception to this, we shall be liable in the absence of a warranted characteristic, in the event of intent or gross negligence. Claims arising from the Product Liability Act are not affected by this. We accept no liability either for the constant and uninterrupted availability of www.apfelkuchen-fuer-die-seele.de or for technical or electronic errors in the online offer.

3. Retention of title

The goods remain our property until payment has been made in full.

III. Information on the collection, processing and use of personal data (data protection declaration)

“Apfelkuchen für die Seele®” represented by Gabriela Zander-Schneider is responsible for the processing of personal data in accordance with this privacy policy. We process your personal data that you provide to us during the ordering process. This personal data is treated with the utmost care and secured in accordance with German legal requirements.

The personal data we process

Your master data:
– Salutation (Mr/Mrs)
– First name
– Surname
– Street address
– House number
– POSTCODE
– City
– Country

further data
– Telephone numbers (landline)
– Telephone numbers (mobile)
– website
– e-mail addresses

your billing and payment data:
– Account holder
– Invoice number
– Invoice amount
– Method of payment
– Reason for payment
– IBAN
– BIC

For what purpose and on what basis do we process your personal data?
We collect and process your data exclusively for the purpose of conducting business relations.
In particular, your personal data is processed in order to:
– keep the customer file,
– to inform you about products, news and events,
– and to keep in touch with you in these matters.
– For the processing of your order, including deliveries and invoices.
– For compliance with laws and regulations, including but not limited to tax returns, identification, tax and social legislation, fraud prevention and national and international sanctions legislation.

Minors
We do not intend to collect data from anyone under the age of 18. Minors cannot become customers. However, we cannot check whether a customer is over 18 years of age. We advise parents or guardians to participate in their children’s (online) activities to prevent data about children being collected without parental consent. If you are convinced that we have collected personal information about minors without this permission, please contact us. We will then delete this information.

How long do we store your personal data?
We do not retain your personal data for longer than is strictly necessary to achieve the purposes for which the data is collected and/or for as long as the law requires. When you stop placing orders, we store data on the basis of the legal retention period. You have the right to review the data we hold about you at any time. You can submit a request for access, correction or deletion to the management.

Disclosure of personal information to third parties
We will not disclose your information to third parties and will only provide it to third parties where it is necessary to comply with a legal obligation. We remain responsible for such processing.

Cookies, or similar techniques we use on the www.alzheimer-selbsthilfe.de website.
We only use technical cookies, functional cookies and analytical cookies that do not harm your privacy. A cookie is a small text file that is stored on your computer, tablet or smartphone when you first visit this website. The cookies we use are necessary for the technical operation of the website and for your user experience. They ensure that the website works properly and remember your preferences, for example. These cookies also allow us to optimise our website. You can refuse the use of cookies by setting your internet browser so that it no longer stores cookies. You can also delete any information previously stored via your browser settings.

View, adjust or delete data.
You have the right to access, correct or delete your personal data. You also have the right to withdraw your consent to data processing or to object to us processing your personal data. You also have the right to data portability. This means that you can make a request to us to transfer your personal data to you or to a third party. Please contact the management. We will respond to your request as soon as possible, but within four weeks at the latest. We would also like to point out that you have the right to file a complaint with the competent supervisory authority.

How we protect your personal data
We take the protection of your data seriously and take appropriate measures to prevent misuse, loss, unauthorised access, unwanted disclosure and unauthorised alteration. If you feel that your data is not properly secured or there is evidence of misuse, please contact us.

IV. Disclaimer

Liability for contents

As a service provider, we are responsible for our own content on these pages in accordance with general legislation pursuant to Section 7 (1) of the German Telemedia Act (TMG). However, according to §§ 8 to 10 TMG, we are not obliged as a service provider to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity.

Obligations to remove or block the use of information in accordance with general laws remain unaffected by this. However, liability in this regard is only possible from the point in time at which a concrete infringement of the law becomes known. If we become aware of any such infringements, we will remove the relevant content immediately.

Liability for links

Our website contains links to external websites of third parties over whose content we have no influence. Therefore, we cannot assume any liability for these external contents. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal contents were not recognisable at the time of linking.

However, permanent monitoring of the content of the linked pages is not reasonable without concrete indications of a legal violation. If we become aware of any infringements of the law, we will remove such links immediately.

Copyright

The contents and works on these pages created by the site operators are subject to German copyright law. Duplication, processing, distribution and any kind of exploitation outside the limits of copyright require the written consent of the respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use.

Insofar as the content on this site was not created by the operator, the copyrights of third parties are respected. In particular, third-party content is marked as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. If we become aware of any infringements, we will remove such content immediately.

Source: https://www.e-recht24.de/

Final provisions

Should any of the above provisions be invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. These terms and conditions are only available in German. They are available at http://www.apfelkuchen-fuer-die-seele.de. (Status of the GTC: 25.05.2018)