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Terms of service

Contractual conditions for sales contracts

between

Ebbe & Food GmbH, Cremon 11, 20457 Hamburg, registered in the Commercial Register of the Hamburg District Court under HRB 169997, represented by Managing Director Marlon Harms, VAT identification number: DE118561480,

- hereinafter also referred to as the "Provider" -,

and

the respective buyer of the goods offered by the provider in the online store "www.veggiecrumbz.de",

- hereinafter also referred to as "Customer" -.

§ 1 Scope, Definitions

(1) The following General Terms and Conditions shall apply exclusively to the business relationship between the Provider and the Customer in the version valid at the time of the order. Deviating general terms and conditions of the customer shall not be recognized unless the supplier expressly agrees to their validity in writing.

(2) The Customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.

§ 2 Conclusion of contract

(1) The offer of goods of the provider on the Internet does not represent a binding offer to conclude a purchase contract, but an invitation to submit an offer. The customer can submit his purchase offer by telephone, in writing, by fax, by email or via the ordering system integrated in the online store of the provider. When purchasing via the online store, the goods whose purchase is intended are placed in the virtual "shopping cart". Using the appropriate button on each page, the customer can call up the "shopping cart" and make changes there. Then the customer enters the personal data and selects the payment and shipping terms. Before the final submission of the purchase offer, the customer has the opportunity to review his information again, change or cancel the purchase. By sending the order via the button "Order with costs", "Order with payment" or "Buy", the customer submits a binding offer. The customer first receives an automatic e-mail about the receipt of his order. This confirmation of receipt does not yet lead to the conclusion of the contract.

(2) The acceptance of the offer (and thus the conclusion of the contract) shall be made separately in each case, either by confirmation in text form, in which the processing of the order or delivery of the goods is confirmed to the customer, or by sending the goods.

(3) If the Customer has not received an order confirmation or notification of delivery or no goods within seven working days, the Customer shall no longer be bound by the order. In this case, any services already provided will be refunded immediately. The provider reserves the right, after the conclusion of a valid purchase contract, to send the customer so-called product information emails electronically, to the email address provided by the customer. This is so-called direct advertising, in which the provider can assume that the customer has an interest in the respective goods offered. The customer may object to the sending of product information emails at any time by sending an email to the following email address: ruhe@veggiecrumbz.de, stating the email address provided by the customer.

(1) The offer of goods of the provider on the Internet does not represent a binding offer to conclude a purchase contract, but an invitation to submit an offer. The customer can submit his purchase offer by telephone, in writing, by fax, by email or via the ordering system integrated in the online store of the provider. When purchasing via the online store, the goods whose purchase is intended are placed in the virtual "shopping cart". Using the appropriate button on each page, the customer can call up the "shopping cart" and make changes there. Then the customer enters the personal data and selects the payment and shipping terms. Before the final submission of the purchase offer, the customer has the opportunity to review his information again, change or cancel the purchase. By sending the order via the button "Order with costs", "Order with payment" or "Buy", the customer submits a binding offer. The customer first receives an automatic e-mail about the receipt of his order. This confirmation of receipt does not yet lead to the conclusion of the contract.

(2) The acceptance of the offer (and thus the conclusion of the contract) shall be made separately in each case, either by confirmation in text form, in which the processing of the order or delivery of the goods is confirmed to the customer, or by sending the goods.

(3) If the Customer has not received an order confirmation or notification of delivery or no goods within seven working days, the Customer shall no longer be bound by the order. In this case, any services already provided will be refunded immediately. The provider reserves the right, after the conclusion of a valid purchase contract, to send the customer so-called product information emails electronically, to the email address provided by the customer. This is so-called direct advertising, in which the provider can assume that the customer has an interest in the respective goods offered. The customer may object to the sending of product information emails at any time by sending an email to the following email address: ruhe@veggiecrumbz.de, stating the email address provided by the customer.

(1) The offer of goods of the provider on the Internet does not represent a binding offer to conclude a purchase contract, but an invitation to submit an offer. The customer can submit his purchase offer by telephone, in writing, by fax, by email or via the ordering system integrated in the online store of the provider. When purchasing via the online store, the goods whose purchase is intended are placed in the virtual "shopping cart". Using the appropriate button on each page, the customer can call up the "shopping cart" and make changes there. Then the customer enters the personal data and selects the payment and shipping terms. Before the final submission of the purchase offer, the customer has the opportunity to review his information again, change or cancel the purchase. By sending the order via the button "Order with costs", "Order with payment" or "Buy", the customer submits a binding offer. The customer first receives an automatic e-mail about the receipt of his order. This confirmation of receipt does not yet lead to the conclusion of the contract.

(2) The acceptance of the offer (and thus the conclusion of the contract) shall be made separately in each case, either by confirmation in text form, in which the processing of the order or delivery of the goods is confirmed to the customer, or by sending the goods.

(3) If the Customer has not received an order confirmation or notification of delivery or no goods within seven working days, the Customer shall no longer be bound by the order. In this case, any services already provided will be refunded immediately. The provider reserves the right, after the conclusion of a valid purchase contract, to send the customer so-called product information emails electronically, to the email address provided by the customer. This is so-called direct advertising, in which the provider can assume that the customer has an interest in the respective goods offered. The customer may object to the sending of product information emails at any time by sending an email to the following email address: ruhe@veggiecrumbz.de, stating the email address provided by the customer.

§ 3 Delivery, availability of goods

(1) Delivery times stated by us shall be calculated from the time of our order confirmation, subject to prior payment of the purchase price (except in the case of purchase on account). If no or no deviating delivery time is specified for the respective goods in our online store, it shall be 8 in words: eight days within Germany.

(2) If no copies of the product selected by the customer are available at the time of the customer's order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the Provider shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.

(3) If the product designated by the Customer in the order is only temporarily unavailable, the Provider shall also inform the Customer of this without delay in the order confirmation.

(4) The following delivery restrictions apply: The Provider shall only deliver to customers who have their habitual residence (billing address) in one of the countries of the European Union and can provide a delivery address in the same country. Initially, however, only in Germany and Austria.


§ 4 Retention of title

(1) The goods remain the property of the provider until full payment of the purchase price.

(3) The provider retains title to the goods vis-à-vis customers who are not consumers until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, the customer is not entitled to pledge the item or assign it as security.

(4) The customer shall be entitled to resell the goods in the ordinary course of business. In this case, the customer already now assigns to the supplier all claims arising from the resale in the amount of the invoice amount. The supplier accepts the assignment.

The customer is further authorized to collect the claim. The Provider reserves the right to collect the claim itself if the Customer does not properly meet its payment obligations.

(5) If the reserved goods are combined and mixed, the Provider shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

(6) The Provider undertakes to release the securities to which it is entitled at the Customer's request to the extent that the value of the securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon the supplier.v

§ 5 Prices and shipping costs

(1) All prices stated in the provider's online store are inclusive of the applicable statutory value-added tax.

(2) The corresponding shipping costs are to be borne by the customer. They can be called up via the "Delivery and shipping costs" page and are shown separately during the ordering process.

(3) The goods are shipped by mail. The shipping risk is borne by the provider if the customer is a consumer.

(4) In the event of a revocation, the Customer shall bear the direct costs of the return shipment.

(5) Customers with a delivery address outside the EU have to bear any import taxes or customs duties themselves and to take care of the customs clearance.

§ 6 Payment modalities

(1) The customer can make payment by PayPal, credit card, Shop Pay & Klarna Sofort. Payment on account is possible for new customers for the first order only up to an order value of 100 EUR.

(2) The customer can change the payment method stored in his user account at any time.

(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, he shall pay the Provider interest on arrears for the year in the amount of 5 percentage points in the case of a consumer transaction, or 9 percentage points above the base interest rate in the case of transactions with an entrepreneur as customer.

(4) The Customer's obligation to pay interest on arrears shall not preclude the Provider from asserting further claims for damages caused by default.

§ 7 Warranty for material defects, guarantee

(1) The Supplier shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. For entrepreneurs, the warranty period for goods delivered by the supplier is 12 months.

(2) An additional warranty exists for the goods delivered by the provider only if this was expressly stated in the order confirmation for the respective item.

(3) Consumers are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify the provider and the carrier of any complaints as soon as possible. Your warranty claims remain unaffected.

(4) The risk of accidental loss and accidental deterioration of the sold item during shipment shall not pass until the goods are handed over to the customer.

(5) With respect to customers who are not consumers, only the supplier's own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

(6) The Customer, who is not a consumer, is obliged to inspect the goods immediately and with due diligence for deviations in quality and quantity and to notify the Provider in writing of obvious defects within seven days of receipt of the goods; timely dispatch is sufficient to meet the deadline. The same applies to hidden defects discovered later from the time of discovery.

(6'7) In the event of a breach of the duty to inspect and to give notice of defects, the assertion of warranty claims shall be excluded.

§ 8 Liability

(1) Claims of the customer for damages are excluded. This also includes compensation for damages due to consequential harm caused by a defect. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.

(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.

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

§ 9 Cancellation policy

Please click here for the cancellation policy.

§ 10 Final provisions

(1) The laws of the Federal Republic of Germany shall apply to these GTC and the contractual relationships between the Provider and the Customer, excluding the international uniform law, in particular the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG). The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.

(2) The headings of the individual paragraphs of these GTC have a purely informative character and are not part of the GTC.

(3) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of performance and jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider's registered office.

(4) Contract language is exclusively German. The contract text (order data, terms and conditions, etc.) is stored by the provider. The storage is limited in time and not accessible to the customer. The customer himself has to provide for a printout or a separate storage.

(5) Should individual provisions of these GTC be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the remaining GTC shall remain unaffected. The invalid or unenforceable provision shall be replaced by those valid and enforceable statutory provisions whose effect comes closest to the respective economic objective pursued by the GTC with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the GTC prove to be incomplete.

Status: 21.09.2021


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