General Terms and Conditions (GTC)

§ 1 Scope, definitions

(1) Werner KG, Kirchweg 6, 21717 Deinste, Germany, registered in the commercial register of the Local Court (Amtsgericht) of Tostedt under registration number HRA 100324, legal representative: Christoph Werner, telephone: +49 4149 934840, fax: +49 4149 9348420, e-mail: hallo@werner-frische.de (hereinafter: “we”, “Werner KG Shop” or “Seller”), operates an online shop for fruit spreads and fruit sauces, vinegars and alcoholic beverages at www.werner-derspargelhof.de. These General Terms and Conditions (GTC) apply to all contracts concluded via this online shop between us and our customers (hereinafter: “Customer” or “you”) in the version valid at the time of the order, unless expressly agreed otherwise.

(2) We do not accept deviating terms and conditions of the Customer. This also applies if we do not expressly object to their inclusion.

(3) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed profession (Section 13 of the German Civil Code, BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or self-employed profession (Section 14(1) BGB). A partnership with legal capacity is a partnership that has the capacity to acquire rights and incur liabilities (Section 14(2) BGB)

§ 2 Conclusion of contracts, correction of input errors in the order form, storage of the contract text, contract language

(1) The following provisions on the conclusion of contracts apply to orders placed via our online shop at www.werner-derspargelhof.de.

(2) Our product presentations on the internet are non-binding and do not constitute a binding offer to conclude a contract.

(3) Alcoholic products (e.g. wine, sparkling wine) are only sold and supplied to persons who have reached the age of 18. When ordering alcoholic products (e.g. wine or sparkling wine), the Customer confirms by submitting the order that they have reached this minimum age.

(4) Before placing your order, you have the opportunity to read our GTC and the withdrawal policy and to confirm that you have taken note of them by clicking the relevant buttons. You can check your entries before placing your order. Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s “Back” button). They can also be corrected by cancelling the ordering process prematurely, closing the browser window and repeating the process.

(5) Before placing the order, the contract data, the GTC and the withdrawal policy can be printed out using the browser’s print function or saved electronically. The order is processed and all information required in connection with the conclusion of the contract, in particular the order data, the GTC and the withdrawal policy, is transmitted by e-mail, partly automatically, after you have submitted your order. We do not store the contract text after the contract has been concluded.

(6) By submitting an order via the online shop by clicking the “order with obligation to pay” button (“zahlungspflichtig bestellen”), you submit a legally binding offer to conclude a contract.

(7) We will confirm receipt of your order placed via our online shop by e-mail without delay. Such an e-mail does not yet constitute binding acceptance of the order, unless it also declares acceptance in addition to confirming receipt.

(8) The contract with us (Werner KG) is only concluded when we confirm your order by e-mail to the e-mail address you provided. As a rule, we will send this confirmation within three working days; in individual cases, it may take longer.

(9) Please ensure that the e-mail address you have provided to us is correct, that receipt of e-mails is technically ensured and, in particular, that it is not prevented by spam filters.

(10) The contract language is German.

§ 3 Goods offered and item description

(1) You can find the goods we offer on our item pages.

(2) The essential characteristics of the goods can be found in the item description.

§ 4 Prices, shipping costs, shipping and delivery

(1) All prices stated include the applicable statutory VAT.

(2) Unless the items are marked as free of shipping costs, shipping costs are charged in addition to the item price. The shipping costs are shown in the offers or in the overview in the shopping basket.

(3) The purchase price and any shipping costs must be paid before delivery of the product (prepayment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly labelled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, payment claims are due immediately after conclusion of the contract.

(4) The goods are shipped by post. We bear the shipping risk if the Customer is a consumer.

(5) The ordered products are shipped after receipt of payment. Unless otherwise stated in the order confirmation, the products offered are ready for immediate dispatch. The delivery time of the products is 5–7 working days after receipt of payment.

(6) The following delivery area restrictions apply: delivery is made exclusively within Germany.

(7) In the event of withdrawal, the Customer shall bear the direct costs of returning the goods.

§ 5 Right of retention, retention of title

(1) You may only exercise a right of retention if your counterclaim arises from the same purchase contract.

(2) The goods remain our property until the purchase price has been paid in full.

§ 6 Right of withdrawal

(1) If you are a consumer, you have a right of withdrawal in accordance with the statutory provisions.

(2) The right of withdrawal does not apply to distance contracts for the supply of goods that are made to the customer’s specifications or clearly tailored to personal needs, that are not suitable for return due to their nature, that can spoil quickly or whose expiry date would be exceeded,

(3) If you, as a consumer, exercise your right of withdrawal under paragraph 1, you shall bear the regular costs of returning the goods.

(4) In all other respects, the right of withdrawal is governed by the provisions set out in detail in the following

Withdrawal policy:

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. / To exercise the right of withdrawal, you must inform us (Werner KG, Kirchweg 6, 21717 Deinste, Germany, telephone: +49 4149 934840, fax: +49 4149 9348420, e-mail: hallo@werner-frische.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. / You shall send back the goods or hand them over to us or to (Werner KG, Kirchweg 6, 21717 Deinste, Germany) without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.

Sie tragen die unmittelbaren Kosten der Rücksendung der Waren.
Sie müssen für einen etwaigen Wertverlust der Waren nur aufkommen, wenn dieser Wertverlust auf einen zur Prüfung der Beschaffenheit, Eigenschaften und Funktionsweise der Waren nicht notwendigen Umgang mit ihnen zurückzuführen ist.

– End of withdrawal policy –

§ 7 Warranty, customer service

(1) Warranty claims are governed by the statutory provisions, in particular Sections 434 et seq. BGB.

(2) For entrepreneurs, the warranty period for delivered items is 12 months.

(3) As a consumer, you are requested to check the item/digital goods or the service provided for completeness, obvious defects and transport damage immediately upon performance of the contract and to notify us and the carrier of any complaints as soon as possible. If you do not do so, this will of course have no effect on your statutory warranty rights.

(4) Our customer service for questions, complaints and claims is available Monday to Friday from 9:00 a.m. to 4:00 p.m. (telephone: +49 4149 934840, fax: +49 4149 9348420, e-mail: hallo@werner-frische.de).

§ 8 Liability

(1) Claims of the Customer for damages are excluded. This does not apply to claims for damages by the Customer arising from injury to life, body or health or from the breach of essential contractual obligations (cardinal obligations), nor to liability for other damage based on an intentional or grossly negligent breach of duty by the Seller, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, we shall only be liable for the foreseeable damage typical for this type of contract if such damage was caused by simple negligence, unless the claims for damages of the Customer arise from injury to life, body or health.

(3) The limitations of paragraphs 1 and 2 also apply in favour of the Seller’s legal representatives and vicarious agents if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply if the Seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the item. The same applies if the Seller and the Customer have reached an agreement on the quality of the item. The provisions of the German Product Liability Act (Produkthaftungsgesetz) remain unaffected.

§ 9 Copyright

We hold the copyright to all images, videos and texts published in our online shop. Use of these images, videos and texts is not permitted without our express consent.

§ 10 Final provisions, dispute resolution

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.

(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 Werner KG is Stade.

(3) The EU Commission has created an internet platform for the online resolution of disputes. The platform serves as a point of contact for the out-of-court resolution of disputes concerning contractual obligations arising from online sales contracts. Further information is available at: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

(4) Should individual provisions of this contract be invalid, this shall not affect the validity of the remainder of the contract.