General Terms and Conditions
General Terms and Conditions (GTC) Flatberry GmbH & Co. KG
- Contracting party and scope
The contract is concluded with:
Flatberry GmbH & Co. KG
Commercial register: HRA 6048 Amtsgericht Bad Homburg v.d. Höhe
VAT number. DE326203980
hereinafter referred to as “seller”.
These terms and conditions apply to all orders between the seller and the buyer.
In each case, the version of the GTC valid at the time of the conclusion of the contract is decisive.
Buyers can be both consumers and entrepreneurs. A “consumer” within the meaning of the following provisions shall be understood, in accordance with § 13 BGB, to be any natural person who concludes a legal transaction for a purpose which can neither be attributed to his commercial nor his independent activity. An “entrepreneur” within the meaning of the following provisions shall be understood, in accordance with § 14 BGB, to mean any natural or legal person who, in concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
- Ordering process and conclusion of contract
The buyer can submit the desired product in the shop without obligation by clicking in the shopping cart. The content of the shopping cart can be viewed without obligation at any time by clicking on the shopping cart. Input errors can be corrected at any time via keyboard and mouse in the input fields and goods can be deleted from the shopping cart.
If the buyer wants to buy goods from the shopping cart, he can initiate the ordering process by clicking on the button “Continue to checkout”. After entering the appropriate data for the execution of the contract, such as address, the buyer will be forwarded by clicking the button “Next” to the order page, on which the input can be checked again. The order process can be terminated at any time by simply closing the browser. By clicking the button “Back to checkout”, the buyer can always correct the order. By clicking on the “Send order” button, the buyer accepts a binding order.
The posting of goods in the online shop does not constitute an offer by the seller to conclude a purchase contract. All offers of goods presented by the seller are non-binding. Possible errors, misprints, technical or color changes, the seller reserves the utmost care. Likewise, the seller assumes no liability for the accuracy of the manufacturer’s information for accessories. The contract is concluded with the sending of a confirmation of receipt of the order by e-mail.
If the buyer has no deliverable e-mail address, the order confirmation takes place with delivery of the goods to the delivery address specified by the customer. If the provider has not accepted the offer of the customer, the offer is considered rejected. Products that are not listed in the order confirmation will not be sold.
If the provider is not able to deliver the order, the buyer will be informed immediately by the seller and the payment will immediately be made refunded. All offered products are only sold in normal household quantities.
- Prices and payment
The prices are in Euro. All prices include VAT of Germany. The VAT will be adapted to the country in which the order of the buyer will be delivered. Delivery and shipping costs are not included in the prices shown. Shipping costs in countries outside of Germany will be shown extra.
The seller reserves the right to exclude individual payment methods from the buyer. This applies in particular to first-time orders or orders with buyers whose creditworthiness is not guaranteed. The buyer is informed in the course of the ordering process about the payment methods available in individual cases.
When paying in advance, the seller notifies the buyer the appropriate bank details in the order confirmation. When paying by direct debit, the customer may be required to bear those costs incurred as a result of a chargeback of the payment due to insufficient funds or due to incorrectly transmitted bank data by the customer.
Unless an expressly binding delivery date has been agreed, the delivery date or delivery deadlines are only non-binding information.
The beginning of the delivery time specified by the seller presupposes the timely and proper fulfillment of the obligations of the buyer. The exception of the unfulfilled contract remains reserved.
If the buyer is in default of acceptance or culpably violates other obligations to cooperate, the seller is entitled to demand compensation for the resulting damage, including any additional expenses. Further claims are reserved. For its part, the buyer reserves the right to prove that damages of the required amount did not occur at all or at least at a substantially lower level. The risk of accidental loss or accidental deterioration of the purchased item is transferred to the buyer at the time when he is in default of acceptance or debtor.
- Retention of title
The delivered goods remain the property of the seller until full payment of the purchase price.
The buyer has the right to cancel the contract within fourteen days without stating a reason. The cancellation period is fourteen days from the date on which the buyer or a third party named by him, who is not the carrier, has taken possession of the goods.
To exercise the right of withdrawal, the buyer inform the seller by means of a clear statement of his decision to cancel the contract (for example, a letter sent by post or by e-mail), towards:
Flatberry GmbH & Co. KG
65824 Schwalbach a.Ts.
Telephone: +49 6171/866 90 19
The buyer may use the model withdrawal form below, which is not required.
Flatberry GmbH & Co. KG
65824 Schwalbach a.Ts.
Telephone: +49 6171/866 90 19
I/ we (*) hereby revoke the contract concluded by me/ us (*) for the purchase of the following goods (*)
ordered on (*) / received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only when notified on paper)
(*) Delete as appropriate
To maintain the cancellation period, it is sufficient that the buyer sends the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If the buyer revokes the contract, the seller has to pay back all the payments received from the buyer (except for the additional costs arising from the fact that the buyer offered a different type of delivery than that offered by the seller, has selected the most favorable standard delivery), immediately and no later than fourteen days from the day on which the notice of cancellation of the buyer about the contract has been received by the seller and under the condition, that the delivery has been shipped back from the buyer to the seller. For this repayment, the seller uses the same means of payment used by the buyer in the original transaction, unless otherwise agreed with the buyer; in no case the seller will be charged the buyer for these repayment fees. The seller may refuse to repay until the seller has returned the goods or until the buyer has provided proof that he has returned the goods, whichever is the earlier. The buyer shall promptly and in any event not later than fourteen days from the date on which the buyer informs the seller of the withdrawal of this contract, of the goods:
Flatberry GmbH & Co. KG
65824 Schwalbach a.Ts.
to be returned or handed over. The deadline is met if the buyer sends the goods before the expiration of the period is fourteen days. The buyer bears the direct costs of returning the goods. The buyer for a possible loss in value of the goods only pay, if this loss of value is due to a not necessary for checking the nature, characteristics and functioning of the goods scope with him.
The right of withdrawal does not exist
- Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the buyer is decisive, or which are clearly tailored to the personal needs of the buyer,
- Contracts for the supply of goods which can spoil quickly or whose expiry date would quickly be exceeded,
- Contracts for the delivery of sealed goods which are not suitable for return for reasons of health or hygiene, if their seal has been removed after delivery,
- Contracts for the supply of goods, if, due to their nature, they were inseparably mixed with other goods after delivery,
- Contracts for the supply of coffee which has been individualized, ground or mixed by the seller at the request of the buyer.
- Return of goods
The buyer should avoid damage and contamination of the goods. The buyer sends the goods back in original packaging with all accessories and with all packaging components to the seller. The buyer should use a protective outer packaging. If the buyer is no longer in possession of the original packaging, he should provide with appropriate packaging for adequate protection against transport damage.
The seller expressly points out that non-original sealed food may no longer be marketed due to hygiene and health regulations and the buyer’s right of revocation expires upon unsealing of the goods. Repayments by the seller are made to the account used by the buyer for payment. When paying on account, as well as transfer in advance, the remittance will be directed to the account from which the transfer was made. If the buyer has paid by PayPal and/ or credit card, the refund will be made to the associated PayPal or credit card account of the buyer.
The cost of returning the goods will be borne by the buyer.
- Transport damage
If goods are delivered with obvious transport damages, the buyer has to complain about such mistakes immediately to the deliverer and to contact the seller as soon as possible. Failure to make a complaint or contact has the statutory warranty claims of consumers has no consequences and serves only to assist the seller to assert his claims against the contracted with the delivery of the goods or insurance.
For consumers, the statutory warranty obligation applies. For entrepreneurs, the seller shall be responsible for defects in the goods initially by the choice of the seller warranty by repair or replacement. Entrepreneurs must inspect the delivered goods immediately for quality and quantity deviations and notify the seller of any apparent defects within a period of one week from receipt of the goods in writing. If no complaint is made within 7 days, the goods are deemed to have been properly and completely delivered, unless this is a defect that was not apparent during the inspection. Deadline is sufficient for the timely dispatch. The above does not apply to the sale of consumer goods.
All complaints must be made in writing and should be addressed to the seller as soon as possible after the defect has occurred.
Insofar as an entrepreneur is a merchant, he can only assert claims under the warranty if he has complied with his duties of examination and notification of defects owed pursuant to § 377 HGB.
The period of limitation of warranty claims for the delivered goods is two years from receipt of the goods, compared to entrepreneurs one year. For entrepreneurs § 212 BGB does not apply.
For claims due to damage caused by the seller, its legal representatives or vicarious agents, the seller is always limited
- in case of injury to life, body or health,
- in case of intentional or grossly negligent breach of duty,
- with guarantee promise, as far as agreed, or
- as far as the scope of application of the Product Liability Act is opened.
In case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and on which the contractual partner may regularly trust (cardinal obligations) by slight negligence of the seller, its legal representatives or vicarious agents, the liability shall be the amount of the contract limited to foreseeable damage that typically has to be expected. Incidentally, claims for damages are excluded.
When creating the individualized label, the buyer guarantees that the rights of third parties are not violated by the images uploaded by him and that the seller releases the seller from all claims that rightsholders assert against the seller due to a violation of the law caused by the buyer. The same applies to texts or other media used by the buyer. The buyer grants the seller the right to process his data for the processing and quality of the labels and to publish them on the desired coffee. The seller reserves the right not to produce and not send labels with content such as racist, obscene and discriminatory representations as well as labels that violate or threaten to violate the rights of third parties from the seller’s point of view. In this case, the seller will inform the buyer of the omitted processing and refund the payments made to the seller in the meantime.
- Dispute settlement
The European Commission provides an online dispute resolution (OS) platform that the buyer can find here: https://ec.europa.eu/consumers/odr/.
The seller is not obliged and unwilling to participate in a dispute resolution procedure before a consumer arbitration board.
This contract and the entire legal relationships of the parties are subject to the laws of the Federal Republic of Germany to the exclusion of the UN Sales Convention (CISG).
Contract language is German. If the purchaser is a merchant, a legal entity under public law or a special fund under public law, then the place of fulfillment and place of jurisdiction for all disputes arising from this contractual relationship shall be the registered office of the seller.
The same applies in the event that the buyer is an entrepreneur and has no general jurisdiction in Germany. The seller is also entitled to sue the buyer at his general place of jurisdiction. If the buyer is a entrepreneur all changes, side agreements, the cancellation and repeal of this agreement require the written form. This also applies to a change or cancellation of this clause.
For registered buyers, the seller reserves the right to change these terms and conditions for the future if deemed necessary and the interests of the buyer are not unduly affected.
In particular, the need for changes may result from adapting to changes in legislation and case law and by further developing the services of the seller. Such changes to these General Terms and Conditions shall be notified to the buyer by e-mail in an appropriate manner, highlighting the changes, four weeks before the planned entry into force of the changes. At the same time, the seller will give the buyer a reasonable period of at least four weeks to declare whether he accepts the amended terms and conditions.
If the buyer does not object to the amended General Terms and Conditions within this period, calculated from the receipt of the e-mail with the announcement, the amended or supplementary terms and conditions become effective. The seller will be advised in the notification of the changes at the beginning of the period on this legal consequence, this means to draw particular attention to the possibility of opposition, the time limit and the legal consequences, in particular with regard to an omitted objection. This amendment mechanism does not apply to changes in the parties’ main contractual obligations.
Should individual provisions of this contract be or become ineffective or contain a gap, the remaining provisions shall remain unaffected.
As of: 24th November 2019HIER