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General Terms and Conditions for Order Processing via the Internet
| 1. Contract offers and contractual agreements |
| a) |
The prices, delivery times and quantities of our offerings are non-binding and subject to change without notice, insofar as they are not explicitly designated as being binding. |
| b) |
Prices are in euros (EUR), inclusive of the currently applicable value added tax, and subject to any applicable special tax laws. |
| c) |
We reserve the right to modify slightly the composition of items offered. The value of the goods shall not thereby be negatively affected. |
| d) |
The effective implementation of a purchase agreement shall require our written confirmation of the order. In the event that we do not provide written confirmation, the execution of the order or the issuing of the invoice shall take the place of the confirmation of the order. |
| e) |
In the case of confectionery, for reasons of food hygiene the right of revocation, in accordance with § 312 d of the BGB (German civil code), is explicitly ruled out. |
| f) |
Section 312 e paragraph 1 numbers 1 to 3 of the BGB is not applicable to electronic business transactions in the case of a customer that is not a consumer. |
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| 2. Terms of delivery |
| a) |
Shipping costs must be added to our prices. The shipping costs applicable to the delivery are to be determined from the following table. In each case, the amount applies to a single selected item. If several items are purchased which result in a single delivery, under certain conditions it is possible that the proportion of transportation costs may turn out to be more favourable. However, our order confirmation sent via the Internet will initially indicate the applicable
shipping costs per item in accordance with the table below.
The following shipping costs apply (in euros, per item ordered):
Germany
4,10 EUR |
Rest of Europe
8,50 EUR |
Rest of Europe
via air freight
14,60 EUR |
Rest of the world
12,60 EUR |
Rest of the world
via air freight
30,00 EUR |
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| b) |
The risk shall be transferred to the purchaser, as soon as the goods leave our warehouse for the purpose of shipping. Any insurance of goods in transit shall thus be the responsibility of the purchaser. Deliveries to private end consumers are insured within the framework of standard transport insurance. |
| c) |
In cases of circumstances beyond our control, we shall be entitled to postpone the contractually agreed upon time of delivery in accordance with the duration of the hindrance, without incurring an obligation to compensate the purchaser. For all delivery dates confirmed by us, we presuppose a supply of raw materials in accordance with contractual agreements. |
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| 3. Terms of payment |
| a) |
Payment is due immediately without deduction. Invoicing shall be carried out in euros. |
| b) |
Payment shall be effected by means of Mastercard/Eurocard, VISA card, or (only within Germany) cash on delivery. In the case of cash on delivery additional fees arise, which are charged to the customer by the supplier upon delivery of the goods. |
| c) |
Payments of every type shall be considered as being received on the day on which the amount is at our disposal. |
| d) |
If it should prove after the conclusion of the agreement that the purchaser has fallen into arrears in the fulfilment of other obligations to us, if the credit standing of the purchaser is doubtful, if the purchaser suspends payment or initiates out-of-court settlement negotiations, or if the opening of a settlement or bankruptcy proceeding against the purchaser is proposed, then, subject to the exercise of other rights, particularly our rights of security, we shall be entitled
to demand the prepayment of the total purchase price or the furnishing of securities. |
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| 4. Rights of security |
| a) |
The delivered goods shall remain our property until the purchaser has paid all debts outstanding at the time of the conclusion of this agreement, inclusive of any current account balance. These goods shall be stored separately from the other goods of the recipient, insofar as this is operationally feasible. Upon demand, the purchaser shall be obliged to inform us of the amount and storage location of the goods subject to retention of title that are still in the
possession of the purchaser. |
| b) |
In the case of a resale of the goods, for the sake of security, the title to the whole amount of the resulting debts payable by third parties shall be transferred to us. We shall then be entitled to inform the recipients of the goods, who are to be named to us, of the transfer of the debts, and to issue corresponding orders to pay. |
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| 5. Acceptance of delivery |
| a) |
If the purchaser is late in accepting the delivery, we shall thereupon, after the expiry of a period to be specified by us, of a maximum of one week, be entitled to withdraw from the whole agreement, or to claim compensation for non-performance in relation to the entire agreement. |
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| 6. Complaints |
| a) |
Defects of whatever type are to be reported to us in writing at the latest three days after receipt of the goods. In the case of substantiated claims, we shall fulfil our obligations by means of an additional shipment. Demands for reduction of the purchase price, alteration or further compensation shall be ruled out, insofar as the damage was not caused by us intentionally or through gross negligence. |
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| 7. Liability |
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We shall not be liable for damages of any kind - even insofar as they are connected with defects in the object of purchase - which are caused by contract violations due to slight negligence or are caused by unauthorised transactions of our legal representatives, employees or vicarious agents. The purchaser's rights of cancellation shall remain unaffected. |
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| 8. Place of fulfilment and jurisdiction |
| a) |
The place of fulfilment for deliveries and payments shall be Lübeck. |
| b) |
The jurisdiction for all disputes pertaining to this agreement shall lie with the courts of Lübeck. We shall, however, be entitled to bring actions against the purchaser in any other legal jurisdiction. |
| c) |
German law shall apply, to the exclusion of international commercial laws. |
CARSTENS LÜBECKER MARZIPAN
Erasmi & Carstens GmbH & Co. KG
Mecklenburger Strasse 255
23568 Lübeck
GERMANY
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