Terms and Conditions

Table of contents
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1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Liability
9. Applicable law
10. Place of jurisdiction
11. Alternative dispute resolution

1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of BC BETTER CAKEZ GmbH (hereinafter "we/us") apply to all contracts for the delivery of goods that you, as a consumer or entrepreneur (hereinafter "you/you"), conclude with us regarding the goods presented in our online shop. We hereby object to the inclusion of your own terms and conditions unless we have agreed otherwise with you.
1.2 You are a consumer within the meaning of these Terms and Conditions if you conclude a legal transaction for purposes that can predominantly neither be attributed to your commercial nor your independent professional activity.
1.3 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of your commercial or independent professional activity.

2) Conclusion of contract
2.1 The product descriptions contained in our online shop do not constitute binding offers on our part, but serve to submit a binding offer by you.
2.2 You can submit your order via the online order form integrated into our online shop. After placing the selected items in the virtual shopping cart and completing the electronic ordering process, you submit a legally binding contractual offer for the items contained in the shopping cart by clicking the button that completes the ordering process.
2.3 We can accept your offer within five days,
- by sending you a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by you is decisive, or
- by delivering the ordered goods to you, whereby the receipt of the goods by you is decisive, or
- by asking you to pay after you have placed your order.
If several of the aforementioned alternatives apply, the contract is concluded at the time one of the aforementioned alternatives occurs first. The period for accepting your offer begins on the day after your offer is sent and ends on the expiry of the fifth day following the dispatch of the offer. If we do not accept your offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that you are no longer bound by your declaration of intent.
2.4 If you select a payment method offered by PayPal, payment processing will be carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if you do not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If you pay using a payment method offered by PayPal that can be selected during the online ordering process, we hereby declare that we accept your offer at the time you click the button that completes the ordering process.
2.5 When submitting an offer via our online order form, the contract text will be saved by us after the contract has been concluded and sent to you in text form (e.g., by email, fax, or letter) after you submit your order. We will not make the contract text available to you beyond this time.
2.6 Before submitting your order via our online order form, you can identify possible input errors by carefully reading the information displayed on the screen. An effective technical tool for better detecting input errors can be your browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, you can correct your entries using the usual keyboard and mouse functions until you click the button that completes the order process.
2.7 The German language is available to you for the conclusion of the contract.
2.8 Order processing and contact are generally carried out via email and automated order processing. You must ensure that the email address you provide for order processing is correct, so that emails sent by us can be received at this address. In particular, when using spam filters, you must ensure that all emails sent by us or third parties commissioned by us to process orders can be delivered.

3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in our cancellation policy.

4) Prices and payment terms
4.1 Unless otherwise stated in our product description, the prices quoted are total prices and include statutory VAT. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 The payment option(s) will be communicated to you in our online shop.
4.3 If you select a payment method offered via the "Shopify Payments" payment service, payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to you in our online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, to which you will be informed separately if necessary. Further information on "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de.
4.4 If you select a payment method offered via the "SumUp" payment service, payment processing will be carried out by the payment service provider SumUp Limited, Block 8, Harcourt Centre, Charlotte Way, Dublin 2, Ireland D02 K580 (hereinafter "SumUp"). The individual payment methods offered via Stripe will be communicated to you in our online shop. SumUp may use other payment services to process payments, for which special payment terms may apply, to which you will be informed separately if necessary. Further information about SumUp is available online at https://www.sumup.com/de-de/.

5) Delivery and shipping conditions
5.1 If we offer shipping of the goods, delivery will be made within the delivery area specified by us to the delivery address provided by you, unless otherwise agreed. The delivery address provided during our order processing is decisive for the processing of the transaction. Exception: If you select PayPal as your payment method, the delivery address you provided to PayPal at the time of payment is decisive.
5.2 If delivery of the goods fails for reasons for which you are responsible, you will bear the reasonable costs incurred by us as a result. This does not apply to the shipping costs if you effectively exercise your right of withdrawal. If you effectively exercise your right of withdrawal, the provisions in our cancellation policy apply to the return shipping costs.
5.3 If you are acting as a businessperson, the risk of accidental loss and accidental deterioration of the sold goods shall pass to you as soon as we have delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment. If you are acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally only pass to you when the goods are handed over to you or a person authorized to receive them. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the sold goods shall pass to you as soon as we have delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment, even if you are acting as a consumer, if you have commissioned the freight forwarder, carrier or other person or institution designated to carry out the shipment and we have not previously named this person or institution to you.
5.4 We reserve the right to withdraw from the contract in the event of incorrect or improper delivery to us. This only applies if the non-delivery is not our responsibility and we have concluded a specific hedging transaction with the supplier with due diligence. We will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, you will be informed immediately, and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.

6) Retention of title
If we make advance payments, we reserve title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)
Unless otherwise stated in the following provisions, the statutory liability for defects shall apply. The following applies to contracts for the delivery of goods:
7.1 If you act as an entrepreneur,
- we have the choice of the type of subsequent performance;
- in the case of new goods, the limitation period for claims for defects is one year from delivery of the goods;
- in the case of used goods, warranty rights are excluded;
- the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.
7.2 The limitations of liability and shortening of deadlines set out above shall not apply
- for your claims for damages and reimbursement of expenses,
- in the event that we have fraudulently concealed the defect,
- for goods which have been used for a building in accordance with their usual purpose and which have caused its defectiveness,
- for any obligation we may have to provide updates for digital products in the case of contracts for the supply of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.
7.4 If you act as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), you are subject to the commercial duty of inspection and notification of defects pursuant to Section 377 of the HGB. If you fail to comply with the notification obligations stipulated therein, the goods are deemed to have been approved.
7.5 If you are a consumer, you are requested to report any goods delivered with obvious transport damage to the delivery company and notify us of this. Failure to do so will have no effect on your statutory or contractual claims for defects.

8) Liability
The seller is liable to you for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:
8.1 We are liable without limitation for any legal reason
- in case of intent or gross negligence,
- in the event of intentional or negligent injury to life, body or health,
- based on a guarantee promise, unless otherwise agreed,
- due to mandatory liability such as under the Product Liability Act.
8.2 If we negligently breach a material contractual obligation, liability is limited to the typical, foreseeable damages, unless we are subject to unlimited liability in accordance with the above clause. Material contractual obligations are obligations that the contract imposes on us according to its content to achieve the contractual purpose, the fulfillment of which is essential for the proper execution of the contract, and on whose compliance you can regularly rely.
8.3 Otherwise, we shall not be liable.
8.4 The above liability provisions also apply with regard to our liability for our vicarious agents and legal representatives.

9) Applicable law
All legal relationships between you and us are governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. If you are acting as a consumer, this choice of law applies only to the extent that the protection granted to you is not withdrawn by mandatory provisions of the law of the country in which you have your habitual residence.

10) Place of jurisdiction
If you are a merchant, a legal entity under public law, or a special fund under public law with your registered office in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office. If you are based outside the Federal Republic of Germany, our registered office is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to your professional or commercial activity. In the above cases, however, we are entitled in any case to bring proceedings before the court at your registered office.

11) Alternative dispute resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Copyright notice: These terms and conditions were created by the specialist lawyers of the IT law firm and are protected by copyright (https://www.it-recht-kanzlei.de)

Status: 03.06.2025, 10:02:43