Terms and Conditions
Terms of Sale
General terms and conditions of sale of No Crumbs GmbH and the online shop, Buchweg 18, 88239 Wangen im Allgäu
1. Validity of these conditions
1.1. These Conditions of Sale (hereinafter also “Conditions”) apply to all orders placed by customers in the
Make an online shop.
1.2. The offer in the online shop is aimed exclusively at consumers. Any natural person who completes an order for purposes that are predominantly neither commercial nor self-employed is to be regarded as a consumer.
1.3. Our deliveries, services and offers are made exclusively on the basis of these conditions. These conditions apply exclusively to the current and future business relationships between us and our customers. We do not accept deviating conditions from the customer. This also applies if we do not expressly object to the inclusion.
1.4. We are entitled to change our conditions with effect for the future entire business relationship with the customer after notification. The changes are deemed to have been approved if the customer has not sent a written objection within 6 weeks of notification of the changes. We will inform the customer of this consequence separately when the changes are announced.
1.5. You can access the currently valid conditions on our websites at any time.
2. Conclusion of contract
2.1. Our product presentation in the online shop only contains an invitation to submit an offer. By clicking the "Buy" button, the customer submits a binding offer.
2.2. After receipt of this offer, we will automatically confirm receipt (confirmation of receipt). This confirmation of receipt does not yet represent acceptance of the customer's offer. A contract between the customer and us is only concluded when we have confirmed the acceptance of the order to the customer by e-mail or the goods - without prior acceptance - have been sent to the customer send.
2.3. The prices stated in the online shop include statutory VAT and other price components, plus shipping costs. The corresponding shipping costs are specified in the order form and are to be borne by the customer unless the customer makes use of his right of withdrawal.
3. Terms of Delivery
3.1. For shipping within Germany and the European Union, a delivery period of 7 days applies, for shipping to other countries, a delivery period of 12 days applies, calculated from the receipt of our acceptance of the order by the customer.
3.2. We will not make any partial deliveries to a consumer unless reference is made to a different delivery time than that specified in Section 3.1 when ordering the goods and the consumer accepts this with his order.
3.3. Delays in delivery due to operational disruptions, official measures and force majeure lead to a reasonable extension of the delivery period. Force majeure also applies to industrial action, including strikes and lawful lockouts in our company or at our sub-suppliers. If the delivery or service becomes impossible or unreasonable due to the aforementioned circumstances for which we are not responsible, we shall be released from the delivery obligation. If the delay in delivery lasts longer than one month, we and the customer are entitled to withdraw from the contract if the delivery does not take place within the grace period previously set by us or the customer. Claims by the customer for damages are excluded in the cases of this section 3.3 within the limits of section 8 (liability).
3.4.If the customer is in default of acceptance, we are entitled to withdraw from the contract and to demand compensation
4. Delivery and retention of title
4.1. The delivered goods remain our property (reserved goods) until the purchase price has been paid in full.
4.2. The customer must notify us immediately of any impairment of the rights to the reserved goods that are our property. The customer has to bear the costs of all measures to release the object assigned to us as security from the rights of third parties.
4.3. Insofar as our claims secured in accordance with this Section 4 are secured by more than 110% of goods subject to retention of title and/or assignments or other securities not only temporarily, we will release security rights up to the above limit at the customer's request.
5. Terms of payment, set-off and right of retention
5.1. For orders in the online shop, we accept payments by Paypal transfer, credit card, instant transfer and prepayment. The payments are due when the contract is concluded.
5.2. If the customer is in default, we are entitled to charge default interest at the statutory rate. Further damages caused by default remain unaffected by the assertion of default interest.
5.3. The customer is only entitled to offset against counterclaims if the counterclaims are undisputed or have been legally established. This restriction does not apply if and to the extent that the counterclaims are based on defects in the goods delivered by us.
5.4. The customer is only entitled to exercise a right of retention if the corresponding counterclaim is based on the same contractual relationship.
6. Material liability and liability for defects in title
6.1. The statutory provisions on liability for defects apply to consumers.
6.2. If the delivery item is subsequently taken to a location other than the agreed place of delivery and this increases the expenses required for the purpose of supplementary performance, in particular transport and travel costs, these are not to be borne by us. This restriction does not apply if the delivery of the item to a location other than the agreed place of delivery corresponds to its intended and contractually agreed use.
6.3. Damage caused by external influences or improper handling is excluded from liability for defects.
6.4. For the rest, clause 7 (liability) applies to claims for damages. Claims by the customer against us that go beyond or are different from those regulated in this clause are excluded.
7.1. The following exclusions and limitations of liability also apply to tortious claims insofar as these compete with contractual claims.
7.2. Our liability for damage of any kind is excluded. This exclusion does not apply to
for damage that we have caused intentionally or through gross negligence;
in cases of slight negligence for damage based on injury to life, limb or health, and
Subject to the provisions of clauses 7.3 and 7.4
for damages that are based on a breach of essential contractual obligations by us. Essential contractual obligations are all obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer regularly relies and may rely.
7.3.In cases of negligent breach of essential contractual obligations, our liability – with the exception of damage to life, limb or health – is limited to the damage that is typical for the contract and foreseeable for us upon conclusion of the contract or commission of the breach of duty
7.4. The above exclusions and limitations of liability in Sections 7.1 to 7.4 also apply to our liability for our organs, employees or vicarious agents as well as the personal liability of our organs, employees and vicarious agents.
7.5. The above exclusions and limitations of liability in clauses 7.1 to 7.5 do not apply if insurance cover exists on the basis of liability insurance. You
Do not apply to claims under the Product Liability Act, insofar as there is liability for personal injury and property damage according to mandatory standards of product liability law.
8. Out-of-court dispute resolution
The European Commission provides a platform for online dispute resolution (OS) here [http://ec.europa.eu/consumers/odr/]. The online email address is Teamssauberkugel@Sauberkugel.com. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.