Terms of service

1 Scope of application

These terms and conditions (AGB) govern the contracts concluded via the online shop between you and the company Patisserie Johanna | by Marcel Reinhardt, Owner Inka Orth, Schweizer Straße 19a, 53474 Bad Neuenahr-Ahrweiler, Germany, VAT ID number DE 147 941 527.

2 Applicable law, mandatory consumer protection provisions

The binding legal basis for contracts concluded via this online shop is the law of the Federal Republic of Germany. This expressly applies and excludes the UN Convention on Contracts for the International Sale of Goods in the following cases: (a) If your habitual residence is in Germany. (b) If your habitual residence is in a state outside the European Union.

If your habitual residence is in a member state of the European Union, the contract is also subject to German law. Mandatory provisions of the state in which you have your habitual residence remain unaffected.

3 Conclusion of contract

(1) The presentation of goods and services in our online shop does not constitute a legally binding offer, but an invitation to order (invitatio ad offerendum).

(2) By clicking the "Order with obligation to pay" button in the last step of the ordering process, you submit a binding offer to purchase and/or book the goods and/or services displayed in the order overview. Immediately after sending the order, you will receive an order confirmation, which, however, does not yet constitute acceptance of your contract offer. A contract between you and us is concluded as soon as we accept your order and/or booking by a separate email or dispatch the goods. Please check the SPAM folder of your email inbox regularly.

(3) In the online shop, you can select goods for purchase and/or services for booking by adding them to the shopping cart by clicking on the corresponding button. If you want to complete the order, go to the shopping cart, where you will be guided through the further ordering process. After selecting the items in the shopping cart and entering all required order and address data, a page will open by clicking the "Continue" button, on which the essential item details including costs are summarized again. Up to this point, you can correct your entries or withdraw from the declaration of contract. Only by subsequently clicking the "Order with obligation to pay" button is a binding offer made within the meaning of paragraph 2.

4 Correction notice

During the ordering process, you first place the desired goods or services in the shopping cart. There you can change the desired quantity at any time or remove selected goods or services. If you have deposited goods or services there, you will first be taken to a page by clicking the "Continue" buttons on which you enter your data and then select the shipping and payment method. Finally, an overview page opens where you can review your information. Input errors (e.g., regarding payment method, data, or desired quantity) can be corrected by clicking on "Edit" in the respective field. If you want to cancel the ordering process completely, you can simply close your browser window. Otherwise, your declaration becomes binding in accordance with Section 3 (2) of these AGB after clicking the confirmation button "Order with obligation to pay".

5 Storage of the contract text

The contract provisions with information about the ordered goods and/or booked services, including these General Terms and Conditions and the revocation policy, will be sent to you by email upon acceptance of the contract offer or notification thereof. We do not store the contractual provisions.

6 Collection, storage, and processing of your personal data

(1) You can order goods or services in our online shop as a guest or as a registered user. As a registered user, you do not have to provide your personal data every time, but you can simply log in to your customer account with your email address and the password you chose during registration before or during an order.

(2) To process and execute an order, we need the following data from you: - First and last name - Email address - Mailing address

(3) If you want to create a customer account, we need the data mentioned in paragraph 2 as well as a password chosen by you.

(4) We use the data you provide without your separate consent exclusively to fulfill and process your order(s), such as delivering goods to the address you provided. When paying by bank transfer, we also use your bank account details for payment processing. Any further use of your personal data for advertising, market research, or the needs-based design of our offers requires your express consent. This consent declaration is voluntary and can be accessed on our website and revoked by you at any time.

(5) The data you provide will remain stored in your customer account until you delete it yourself. Furthermore, or in the case that you only order or book as a guest without creating a customer account, we only store your data within the scope of our tax and commercial law obligations. (6) If your personal information changes, you are responsible for updating it yourself. All changes can be made online after logging in under "My Account".

7 Payment terms

The purchase price is due immediately upon ordering. Payment for the goods is made by advance payment via bank transfer, credit card, PayPal, or direct debit via our payment service provider (SSL encryption is used). Our bank details are: Volksbank RheinAhrEifel, IBAN DE37 5776 1591 0027 4870 02, BIC GENODED1BNA, Account Holder: Inka Orth.

8 Retention of title

The goods remain our property until full payment has been received. If you are in default of payment for more than 10 days, we have the right to withdraw from the contract and demand the return of the goods.

9 Delivery terms

We deliver the goods according to the agreements made with you. Any shipping costs incurred are listed with the product description and will be separately stated on the invoice by us.

10 Right of withdrawal

As a consumer, you have a right of withdrawal according to the instructions provided in the appendix. A consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.

11 Warranty for purchases of goods

(1) If the purchased and delivered goods are defective, you have the right to subsequent performance, withdrawal from the contract, or reduction of the purchase price within the scope of the statutory provisions.

(2) The limitation period for warranty claims is two years from receipt of the goods. Claims due to fraudulently concealed defects expire within the regular limitation period.

(3) You also have rights due to defects within the scope of a guarantee if we have expressly given one.

12 Limitation of liability

(1) Our liability extends to intent and gross negligence. Furthermore, we are responsible for the negligent breach of duties whose fulfillment enables the proper execution of the contract in the first place, the violation of which endangers the achievement of the purpose of the contract and on whose compliance you as a customer regularly rely. In this context, however, we are only liable for the foreseeable, contract-typical damage. Slight negligence of duties not mentioned in the preceding sentences is not covered by our liability. However, the foregoing liability exclusions do not apply to violations of life, body, and health. Liability under the Product Liability Act remains unaffected.

(2) Due to the current state of technology, data communication over the Internet cannot be guaranteed to be error-free or available at all times. Therefore, we assume no liability for the permanent and uninterrupted availability of our online trading system.

13 Final Provisions

(1) The terms and conditions laid down here are comprehensive and final. Any changes and additions should be documented in writing to avoid uncertainties or disputes about the content of the contract agreed upon by the parties.

(2) If at the time of conclusion of the contract you had your domicile or habitual residence in Germany and either at the time of the filing of the action by us you have left Germany or your domicile or habitual residence is unknown at that time, the place of jurisdiction for all disputes shall be the registered office of our company in Nufringen.

(3) We would like to inform you that in addition to ordinary legal proceedings, you also have the option of out-of-court dispute resolution in accordance with Regulation (EU) No. 524/2013. Further information can be found in Regulation (EU) No. 524/2013 and at the following internet address: http://ec.europa.eu/consumers/odr. Our email address is: vertrag@patisserie-johanna.de. In accordance with § 36 VSBG, we would like to point out that we are not obliged to participate in out-of-court dispute resolution proceedings before a consumer arbitration board.

(4) Should individual provisions of this contract be or become invalid, the remaining provisions of the contract shall remain unaffected.

Appendix

Consumer Information and Right of Withdrawal

The language available for concluding the contract is exclusively German. Translations into other languages ​​are for information purposes only. In the event of discrepancies, the German text shall prevail.
Please refer to the individual product descriptions on our website for the essential characteristics of the goods and services we offer as well as the validity period of limited offers.
The presentation of our goods does not constitute a binding offer on our part. Only the ordering of goods by you constitutes a binding offer in accordance with § 145 BGB. If this offer is accepted, we will send you an order confirmation by email or dispatch the goods. This concludes the purchase contract between you and us.
Any input errors in placing your order can be identified at the final confirmation before checkout and corrected at any time using the delete and change function before submitting the order.
If the goods you have ordered are not available, we reserve the right not to provide the service, and we will inform you immediately before the conclusion of the contract.
The prices stated by us are final prices including taxes. The shipping costs are separately indicated for each product and in the order overview.
The purchase price is due immediately upon ordering. Payment for the goods is made at your choice by advance payment by bank transfer, by credit card, by PayPal, or by direct debit via our payment service provider (we use the SSL transmission procedure to encrypt your personal data). Our bank details are as follows: Volksbank RheinAhrEifel, IBAN DE37 5776 1591 0027 4870 02, BIC GENODED1BNA, Account holder: Inka Orth.
We would like to inform you that in addition to the ordinary legal proceedings, you also have the possibility of out-of-court dispute resolution according to Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the internet address: http://ec.europa.eu/consumers/odr
Our email address is: vertrag@patisserie-johanna.de. We would like to point out in accordance with § 36 VSBG that we are not obliged to participate in out-of-court dispute resolution proceedings before a consumer arbitration board.

The data required for the execution of the contract between you and us will be stored by us and are accessible to you at any time. In this respect, we refer to the data protection regulation in our terms and conditions.
Furthermore, we refer to our General Terms and Conditions.
If you, as a consumer, wish to exercise your right of withdrawal, you can do so within fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise this right, you must inform us, Company Patisserie Johanna | by Marcel Reinhardt, Proprietor Inka Orth, Schweizer Straße 19a, 53474 Bad Neuenahr-Ahrweiler, Germany, by telephone at +49 (0) 2641-80977 77 or by email at vertrag@patisserie-johanna.de, of your decision to withdraw from this contract by means of a clear statement. The timely dispatch of this notification before the expiry of the withdrawal period is sufficient to meet the withdrawal deadline. You can use the attached model withdrawal form, but this is not mandatory.

To comply with the withdrawal period, it is sufficient for you to send the notification of exercising the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal: In the event of your withdrawal, we will refund you all payments received from you immediately and no later than fourteen days from the date on which we received notice of your withdrawal. This includes the delivery costs, except for additional costs resulting from your choice of a different type of delivery than the cheapest standard delivery offered by us. The refund will be made using the same payment method you used for the original transaction, unless expressly agreed otherwise. You will not be charged any fees for this refund.
We may withhold the refund until we have received the goods back or you have provided evidence that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any event no later than 14 days from the date on which you inform us of the withdrawal from this contract. The deadline is met if you send back the goods before the period of 14 days has expired. You bear the immediate costs of returning the goods. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Model withdrawal form according to Introductory Law to the German Civil Code Annex 2 (to Article 246a § 1 paragraph 2 sentence 1 number 1 and § 2 paragraph 2 number 2)
Download link: Withdrawal form
If you want to withdraw from the contract, please fill out this form and send it back to us:
To:
Patisserie Johanna | by Marcel Reinhardt
Proprietor Inka Orth
Schweizer Straße 19a
53474 Bad Neuenahr-Ahrweiler
Germany
Tel: +49 (0) 2641-809 77 77

Email: vertrag@patisserie-johanna.de

I/we () hereby revoke the contract concluded by me/us () for:
the purchase of the following goods (detailed description, so that it can be clearly determined which goods the revocation refers to),

the provision of the following services (detailed description, so that it can be clearly determined which service the revocation refers to) (*)

Ordered on: (). . . . ./

Received on: () . . . . .

Name of consumer(s):
Address of consumer(s):
Consumer(s) signature:
(only for communication on paper)

Date:

(*) Delete as applicable

Additional Notes:

The right of withdrawal does not apply in the following cases:
- Delivery of non-prefabricated goods for which the production is based on individual selection or determination by the consumer or which are clearly tailored to the personal needs of the consumer.
- Delivery of perishable goods or goods with an expiration date that would quickly be exceeded.
- Delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if the sealing has been removed after delivery.
- Delivery of goods that have been inseparably mixed with other goods after delivery due to their nature.
Please avoid damages and contamination. Ideally, return the goods in the original packaging with all accessories and packaging components. Use protective outer packaging if necessary. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage and to avoid claims for damages due to inadequate packaging.
Please call us at +49-2641-8097777 before returning the goods to announce the return. This allows us to allocate the products as quickly as possible.
Please note that the return modalities mentioned in the preceding paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.