GENERAL TERMS AND CONDITIONS

General terms and conditions with customer information

Status 06/2017

1. Scope of application

1.1 For the business relationship between us and the customer, the following general terms and conditions of business apply exclusively in the version valid at the time of the order.  Deviating general terms and conditions of the customer will not be recognized unless we expressly agree to their validity in writing.

1.2 Our General Terms and Conditions shall also apply if we carry out the delivery without reservation in the knowledge that the customer's terms and conditions conflict with or deviate from our own.

1.3 Our General Terms and Conditions apply to both consumers and entrepreneurs, unless a differentiation is made in the respective clause.

1.4 The customer is a consumer insofar as the purpose of the orderly deliveries and services cannot be converted predominantly to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity.


2. Contractual partner, customer service

The contract is concluded with the Teigwarenfabrik Jeremias GmbH. You can find further information about us in the imprint. You can reach our customer service for questions, complaints and objections under the telephone number 07231/94883-0 as well as by e-mail under webshop@jeremias.com.

 

3. Order process and conclusion of contract

3.1 The placement of products in the shop is a non-binding invitation to place a customer order. The sales contract is only concluded when you place an article in the desired quantity in the virtual shopping cart, place the order there and we accept the order by sending an order confirmation or invoice.

3.2 The order in the shopping cart is made in several steps. First you have to click on the button "add to shopping cart". You can then change the quantity of the selected product or delete it completely. Alternatively, you can cancel the ordering process by clicking on the "Back" button of the browser or by closing the browser window; an order would not have been placed in any case. During the entire ordering process until the binding order (see below) you can cancel the order by closing the browser or by going back as described above. After clicking the button "continue shopping" you can select further products and put them into the shopping cart. After clicking on the button "continue shopping cart" you will get to the page "shopping cart" and can change the quantity of the selected products or delete them completely. Here you also have the opportunity to cancel the order process by closing the browser window or by going back to the previous steps with the "Back" button of the browser. After clicking the button "Continue shopping" you can select further products. After clicking on the button "proceed to checkout" you will be taken to the page "your address data", where you must enter your name, address and e-mail address as mandatory information. You can create a customer account to avoid having to enter this data again for future purchases. You can then shop more conveniently via your created customer account by clicking on the field "register permanently". Furthermore, you have the option to enter a delivery address other than the billing address or a different billing address. Furthermore, you can give hints in the field "comment". By clicking the button "back to shopping cart" you will be returned to the shopping cart and can change the quantity of the selected products or delete them completely. Here, too, you still have the opportunity to cancel the order process by closing the browser window or by going back to the previous steps with the "Back" button of the browser. 

After clicking on the "continue" button, you will be taken to the "payment" page; here you must choose one of the different methods of payment available and click on the appropriate boxes to indicate that you accept the general conditions. Finally you have the possibility to change the main and/or billing and/or delivery address. Here you also have the opportunity to cancel the order process by closing the browser window or by going back to the previous steps with the "Back" button of the browser. Only by clicking on the order button "buy now" will you place a binding order. If you want to correct or change details of your order, click instead on the "Continue shopping" button, which will take you back to the "Shopping cart" page (see above).

Until you click on the button "buy now" you can also cancel the order process at any time by closing the browser or leaving our online shop or website. After clicking the button "buy now", the contract is not yet concluded solely upon receipt of the order by us. Immediately after submitting the order you will receive another confirmation of receipt by e-mail from us, in which all details of the purchase are listed once again. The condition for an effective conclusion of contract is always that we send an order confirmation or invoice separately after this confirmation e-mail.

3.3 The contract shall be concluded in German.


4. Shipping, shipping costs

We only ship to delivery addresses within Germany. Shipment will take place within 2 working days after receipt of payment. Information about shipping costs can be found under the link "shipping costs" below the price on the respective product page as well as under the link "Shipping costs" in the footer of the online shop under the column "Legal".

For delivery to other countries please contact us. We only deliver by mail. It is not possible to pick up the goods yourself. 

The goods are dispatched by post. We bear the shipping risk if the customer is a consumer.

In case of a revocation, the customer has to bear the direct costs of the return shipment.


5. Prices, payment, shipping costs

All prices are in Euro (EUR) and include the legal value added tax and other price components. All price quotations refer to the indicated number of pieces or quantity. The following payment methods are available to you: PayPal and advance payment by bank transfer. When paying via PayPal or PayPal-Plus, your account will be debited upon acceptance of the purchase offer by us. Payments via PayPal or PayPal-Plus are only possible in Euro and from accounts which are kept in the Federal Republic of Germany.  In case of payment in advance, the amount is due immediately upon conclusion of the contract and is payable within 7 days. We will give you our bank details in the order confirmation/invoice and deliver the goods after receipt of payment.


6. Terms of delivery, transfer of risk, reservation of self-supply

6.1 We are entitled to make partial deliveries, provided this is not unreasonable for the customer.

6.2 If the ordered product is not available, we will inform the customer of this in the separate order confirmation. If the product is permanently unavailable, we will refrain from a declaration of acceptance. In this case a contract is not concluded.

6.3 If the customer is a consumer, the risk of accidental loss of or accidental damage to the delivered goods shall pass to the customer at the point in time at which the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, if we are only responsible for shipment, the risk shall pass to the customer upon delivery of the goods to the transport company.

6.4 If the ordered product is not available because we are not supplied with a raw material or product by our suppliers through no fault of our own (e.g. due to force majeure such as in particular strike, war and natural disasters), we shall be released from our performance obligations for the duration of the hindrance or may withdraw from the contract. Any existing, binding delivery periods shall then be extended accordingly. In this case we will inform you immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or if you do not wish to receive a comparable product, we will immediately refund the purchase price you have already paid.


7. Set-off and right of retention

7.1 The customer shall not be entitled to offset against our claims unless the counterclaims have been legally established or are undisputed. The customer shall also be entitled to offset against our claims if he asserts notices of defects or counterclaims from the same purchase contract.

7.2 As buyer, the customer may only exercise a right of retention if the counterclaims arise from the same purchase contract.


8. Retention of title

8.1 The goods remain our property until full payment.

8.2 In relation to entrepreneurs, we reserve the right of ownership of the goods until all claims against the customer have been settled, even if the specific goods have already been paid.

8.3 The customer must inform us immediately of any enforcement measures by third parties against the reserved goods, handing over the documents necessary for intervention; this also applies to impairments of any other kind. Irrespective of this, the customer must inform the third parties in advance of the rights existing in the goods.

8.4 If the customer is an entrepreneur, he shall bear the costs of our intervention if the third party is not able to reimburse them.

8.5 If the customer is an entrepreneur, he hereby assigns to us by way of security, in the event of resale of the reserved goods, the claims against his customers arising from the said transactions until all our claims have been satisfied.

8.6 If the customer is an entrepreneur, we shall acquire direct ownership of the manufactured goods if the reserved goods are processed, transformed or combined with another item. These are considered as reserved goods.


9. Warranty for material defects

9.1 We shall be liable for material defects in accordance with the applicable statutory provisions, in particular pursuant to §§ 434 et seq. GERMAN CIVIL CODE.

If the customer is an entrepreneur, we can choose between rectification of the defect or delivery of a defect-free item; this choice can only be made by notifying the customer in text form (also by fax or e-mail) within 3 working days of receipt of notification of the defect.

We can refuse the type of supplementary performance chosen by the purchaser if this is only possible at disproportionate cost.

9.2 With respect to entrepreneurs, the warranty period for goods delivered by us is 12 months.

9.3 Warranty rights of the entrepreneur presuppose that he has properly fulfilled his obligation to inspect and give notice of defects in accordance with § 377 HGB.

9.4 A guarantee shall only be deemed to have been assumed by us if we have designated a characteristic as "legally guaranteed" in writing.


10. Liability

10.1 Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, body, health and from the violation of essential contractual obligations as well as liability for other damages based on our intentional or grossly negligent breach of duty by our legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is contractually necessary to achieve the objective of the contract.

10.2 In the event of a breach of material contractual obligations, we shall only be liable for foreseeable damage typical of the contract if such damage was caused by simple negligence, unless the customer's claims for damages are based on injury to life, body or health.

10.3 The restrictions of Clauses 10.1 and 10.2 shall also apply in favour of our legal representatives and vicarious agents if claims are made directly against them.

10.4 The limitations of liability resulting from clauses 10.1 and 10.2 shall not apply if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods. The same applies if we and the customer have reached an agreement on the quality of the goods. The provisions of the Product Liability Act shall remain unaffected.


11. Transport damage

If goods with obvious transport damages are delivered, please complain about such errors as soon as possible to the deliverer and please contact us immediately.

Failure to make such a complaint or contact us will not have any consequences for their legal claims and their enforcement, especially warranty rights. However, you help us to assert our own claims against the carrier or transport insurance.


12. Right of withdrawal

12.1 If the customer is a consumer, he is entitled to a legal right of withdrawal according to the following instructions. The exceptions for a right of revocation are regulated in clause 12.2.

In 12.3 there is a sample revocation form.

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Cancellation policy 

Right of withdrawal

You have the right to cancel this contract within 14 days without giving reasons.

The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took or has taken possession of the last goods.

To exercise your right of revocation, you must notify us (Teigwarenfabrik Jeremias GmbH, Industriestrasse 13-19, 75217 Birkenfeld, Tel. 07231/94883-0, Fax 07231/94883-49,

E-mail webshop@jeremias.com) by means of a clear statement (e.g. a letter, fax or e-mail sent by post) about your decision to withdraw from this contract.

You can use the attached model revocation form, which is not mandatory.

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of revocation

If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notice of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to make a refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return the goods to us without delay and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract.

This period shall be deemed to have been observed if you send 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 loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for testing the nature, properties and functioning of the goods.

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12.2 The right of revocation does not apply to contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Furthermore, the right of revocation does not apply to contracts for the delivery of goods that can spoil quickly or whose expiry date has been exceeded quickly, nor to contracts for the delivery of goods that cannot be used for reasons of health protection or hygiene.

if their seal has been removed after delivery.


12.3 We provide information on the sample revocation form in accordance with the statutory regulations as follows:

Sample revocation form

If you want to cancel the contract, please fill out this form and send it back:


          To: Teigwarenfabrik Jeremias GmbH, Industriestraße 13-19, 75217 Birkenfeld

          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 paper notification)


          Date

          ----------------

          (*) Delete as applicable.


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13. Contract text storage

We save the contract text and send you the order data and our general terms and conditions by e-mail. You can also view and download the AGB at any time here on our website.


14. Copyrights

We have copyright on all pictures, films and texts published on our website. A use of the pictures, films and texts, is not permitted without our express consent.


15. Online dispute resolution platform

The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/ We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.


16. Final provisions

16.1 Contracts between us and the customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, shall remain unaffected.

16.2 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 the customer and us is our registered office.

16.3 The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions shall apply, if any. However, if this would constitute an unacceptable hardship for one of the contracting parties, the contract as a whole shall become invalid.


The AGB is also available for Download


Cancellation Policy Shop

You can find out everything about the right of withdrawal here.