Firm: Bäckerei & Konditorei Gnauck
Executive owner: Marlon Gnauck
Headquarter: D-01458 Ottendorf-Okrilla, Radeberger Str.51
The following general terms of buisness apply exclusively to all supplies and services provided by the
Bäckerei & Konditorei Gnauck. The Bäckerei & Konditorei Gnauck does not recognise the purchaser´s gernal
terms of business, unless if had expressly agreed to their validity. This is also the caseif the Bäckerei &
Konditorei Gnauck unconditionally performs its service in the full nowledge that the purchaser´s terms of
business are opposed to its own or differ from them.
(valid from 1.May 2004)
Once the goods are ordered by the purchaser, the contract takes effect, based on the Bäckerei & Konditorei
Gnauck´s current price list at the time when the order is placed. The order may be placed in person,
by telephone or (if possible, using the order form) by fax, e-mail or post. Our offers shall not be
binding in relation to performance, quantity and collateral performance.
The contract are placed obligatorily only with the goods delivery by us!
(1) Generally, our prices shall be those referred to in our product basket on our website at the time of order. Prices that deviate from this, which may be seen on pages that were downloaded from intermediate storage facilities (Browser-Cache, Proxies), may not be current and are thus invalid. It is not possible to save our product basket temporarily. We reserve the right to correct prices that result from typographical errors or errors in calculation. In the absence of any express agreement in writing to the contrary, our prices shall be effective from the distribution centre excluding packaging, freight or possible cash on delivery charges. All prices on our website include statutory VAT in as far as the customer does not change its customer form to company (EU: just with USt-ID) and does not chose any non EU country as the country of delivery. Whether VAT is included or excluded will be specified for each price indication.
(2) Costs for postage and packaging are to be borne by the customer. They will depend on the form of shipment, form of payment, weight and shipping destination. They will be calculated and displayed in the product basket prior to any online order or, in the event of an order by telephone, they shall be quoted and shown separately on the invoice. The mode of shipment shall be chosen by the customer or, in the absence thereof, by Bäckerei & Konditorei Gnauck according to the most feasible arrangment.
(3) Packaging materials shall become the property of the customer and will be charged by Bäckerei & Konditorei Gnauck in the packaging costs.
(4) In the event of partial shipments that have been arranged or offered by Bäckerei & Konditorei Gnauck, follow-up shipments shall be made free of shipping charges. In the event that a customer wishes for shipment in specific lots, the additional costs for the shipment of each lot shall be borne by the customer
(5) The purchaser bears responsibility for any customs duty or any other fees that are due.
(1) Unless otherwise agreed, all invoices by Bäckerei & Konditorei Gnauck shall be payable immediately without any deductions.
(2) The customer shall be entitled to choose among several different payment options which shall be offered depending on the order amount, the mode of delivery, the shipment address, and the preferences specified in the customer's account. The various possibilities are displayed in the product basket.
(3) Bäckerei & Konditorei Gnauck hereby reserves the right to fill the order only against cash on delivery or payment in advance in individual cases or in the event that a bank or an offeror of the respective payment mode has rejected payment. In such cases, the customer shall be entitled to accept or revoke his/her order.
(4) The Bäckerei & Konditorei Gnauck is entitled to charge the purchaser for any letter of demand and debt collection costs, expenditure incurred by the reversal of expenditure transactions or any other costs incurred by the purchaser's failure to pay in a proper fashion.
(5) Any set-off of counterclaim shall not be permitted unless proven at law or if accepted by Bäckerei & Konditorei Gnauck. The retention of payments by the purchaser for counterclaims resulting from unrelated contracts shall be excluded.
(1) The delivery periods are dependent on the products and are displayed on our website through specific comments for each product. In the event that a delay occurs after an order has been made, the customer shall automatically be informed by e-mail. Provided that he is the consumer, the customer is entitled to cancel his/her order or to make modifications to such order free of charge at any time before the product is delivered, unless otherwise agreed.
(2) In the event that delivery is impossible, without this being the responsibility of anyone, Bäckerei & Konditorei Gnauck shall be entitled to terminate the contract. The customer shall not be entitled to damages as a result thereof.
(3) No delivery deadlines apply to deliveries, if no other arrangement has been expressly agreed. The Bäckerei & Konditorei Gnauck is not bound by deadlines set unilaterally by the purchaser.
(4) We shipping the order within 2 workdays (just for delivery in Germany) or to delivery date. With dispatch with delivery date we consider the average dispatch time of the post office. We can not give a warranty fo the delivery date.
All items delivered by Bäckerei & Konditorei Gnauck remain its property until such items have been paid in full and all claims resulting from any given transaction have been met. This shall also apply to conditional claims.
The goods must be inspected by the purchaser when they are delivered by the transport company. Visible damage to goods in transit must be confirmed in writing by the transport company. Notification of obvious imperfections in the goods must be made to the Bäckerei & Konditorei Gnauck in writing or by fax immediately, at the latest within 14 calendar days after they have become visible.
In business dealings, the risk that goods may deteriorate accidentally or perish passes to the purchaser once they are handed over to the transport company.
(1) In the event that the financial situation of the customer deteriorates substantially to the extent that his/her ability to meet payments is in doubt, Bäckerei & Konditorei Gnauck shall be entitled to rescind the contract or to withhold its delivery and performance and to grant the customer a reasonable period within which he/she shall render advance payments or provide security. After the expiration of such period, Bäckerei & Konditorei Gnauck shall be entitled to rescind the contract.
(2) Provided that the customer is consumer, he/she shall be entitled to rescind the contract at any time until the goods have been delivered, unless otherwise agreed. The customer is not required to give reasons for rescinding the contract.
The purchaser does not have any right of withdrawal or a right to return the goods in line with paragraphs 355 and 356 of the German Civil Code, because the goods may perish quickly (paragraph 312 d, section 4, point 1 of the German Civil Code).
The purchaser is obliged to take delivery of the goods once they are delivered by the transport company. If the goods cannot be delivered to the stated delivery address by the transport company for reasons for which the Bäckerei & Konditorei Gnauck is not responsible, or if the purchaser or consignee refuses to take delivery of the goods, the Bäckerei & Konditorei Gnauck is entitled to charge the purchaser the full purchase price. The purchaser is responsible for the cost of returning the goods and other expenditure which arises because of the failure to take delivery of the goods.
The customer shall not be entitled to assign his/her claims under this contract.
(1) These standard terms and conditions contain all rights and obligations of the contract parties. Any other agreements or declarations of intent by the contract parties must be in writing. This shall include any amendment to or modification of this form requirement.
(2) If the customer is a merchant or does not reside within the European Union, Dresden shall be the exclusive venue for all legal disputes between the contract parties.
(3) The laws of the Federal Republic of Germany shall exclusively apply. The provisions of the UN Convention on the International Sale of Goods shall not apply. Regarding commerce with end-consumers within the European Union, the relevant laws of that country may also be applicable, provided that it concerns obligatory comsumer rights provisions.
(4) In the event that one or several of the above provisions is or becomes invalid, the validity of the remaining provisions shall not be affected. Invalid provisions shall be replaced by such provisions which are valid and come closest to the commercial purpose intended by the parties.