General Terms and Conditions of Business and Delivery Instruction on Revocation General Terms and Conditions of Business
(as of May 22nd, 2018)
1. Language of contract
The language of contract shall be German.
2. Scope of application
These General Terms and Conditions of Business shall apply to all contracts, deliveries and services between the bakery Bäckerei Ullrich and its customers. Deviating terms and conditions of business of the customer shall not be applicable and shall not become a constituent element of the contract. All deviations from the conditions in hand shall require a prior written agreement in order to be legally effective.
3. Conclusion of contract
The presentation of the products in the Online Shop constitutes a non-binding online catalogue. You only submit a binding purchase order for the merchandise in the shopping cart after entering your personal data and clicking on the “Purchase Order” button. The purchase contract is concluded when our purchase order confirmation has been received. In the event that you should not receive any purchase order confirmation from us within 24 hours, you shall no longer be bound to your purchase order.
4. Contents of contract
The contract text is saved. In addition, you will find all information pertaining to your purchase order including these General Terms and Conditions of Business in the purchase order confirmation.
As a matter of principle, we undertake to accept your purchase order subject to the conditions stipulated in the Online Shop. However, we reserve the right to rescind the contract in the case of obvious mistakes (e.g. writing, printing or calculation errors.
6. Desired delivery date
• You can enter a desired delivery date under Comments on Purchase Order in the shopping cart. For that purpose, the purchase order has to have been received at least five business days before the desired delivery date for deliveries within Germany and at least ten business days in advance for deliveries outside of Germany. We will make an effort to adhere to the desired delivery date that has been specified. However, we do not guarantee it because we cannot exert any influence on the shipping process itself. In the event that we can foresee that there will be delays affecting shipping, we will inform you about that fact in writing and/or by e-mail.
7. Shipping / delivery
We usually ship merchandise through DPD. However, we reserve the right to change the shipping service provider without advance notice.
We ship Dresdner Stollen® (Dresden Stollen) exclusively during the period from October 15th to December 23rd.
We ship the merchandise to the delivery address you have specified. If you have only provided one address, it will simultaneously serve as the delivery and the invoice address.
The transport risk shall be transferred to you as soon as the merchandise leaves the bakery Bäckerei Ullrich. You are obligated to inspect the merchandise for obvious defects and visible damage suffered in transit when you accept delivery. A confirmation from the transport company listing the defects that were discovered shall be required for subsequent processing. Information about delivery times has no binding force.
8. Partial deliveries
We have the right to make partial deliveries if you can be reasonably expected to accept such deliveries. Additional shipping costs shall only be incurred by you if they are agreed upon explicitly.
9. Complaint / exchange
You confirm due receipt of the merchandise with your signature at the time of delivery. As a matter of principle, complaints must be addressed to us without delay in writing (e.g. by letter, fax or e-mail. You will find our contact information at the end of these General Terms and Conditions of Business. Perishable foodstuffs are excluded from exchange. 9.2. We produce our Dresdner Stollen® (Dresden Stollen) according to old-established traditions of craftsmanship. It is not a standardised industrial product. So visual differences in particular are a sign of our traditional production methods and do not constitute a product defect.
Our liability for property damage and personal injury shall be limited to premeditation and gross negligence - to the extent that is legally permissible.
11. Instruction on revocation
Right of revocation for consumers
- If you are a consumer, you can revoke your contractual declaration within two weeks in writing (e.g. by letter, fax or e-mail) by means of the revocation form (download: www.dresdnerstollen-shop.eu). The sole act of returning the merchandise without any statement of reasons does not constitute grounds. The return of merchandise according to No. 8 (perishable foodstuffs) shall be excluded. The time limit shall commence at the earliest as of the date when the merchandise and the instruction on revocation in writing have been received. In order to adhere to the time limit stipulated, all that is required is to send off the notification of revocation or send back the merchandise within the time limit. The notification of revocation must be addressed to: Fax: +49 (0)351 3121024 or Bäckerei Ullrich, Schandauer Str. 79, 01277 Dresden, or to email@example.com
- Consequences of revocation
- In the event of an effective revocation, the performance and the counter-performance that the two parties have received and, if applicable, any benefits that have been derived (e.g. interest) shall be restored. In the event that you cannot restore to us the performance that you have received - either entirely or in part – or you can only return it in a deteriorated condition, you shall be obligated to provide us with compensation for lost value, if necessary. This shall not apply in the case of deterioration of the merchandise that must be attributed exclusively to its having been inspected - such as would have been possible for you in a retail store. Furthermore, you can avoid this obligation to provide compensation for lost value by refraining from utilising the object as if it were your property and by making every effort to avoid anything that adversely affects its value. Objects that can be shipped as packages must be shipped back at our risk. Objects that cannot be shipped as packages shall be picked up from your address. You must fulfil obligations to reimburse payments within 30 days after sending off your notification of revocation.
- You shall be obligated to bear the costs of returning the merchandise if the delivered merchandise corresponds with the merchandise you ordered and if the price of the object that is to be returned does not exceed the amount of 40 Euros, or if – in the case of a higher priced object – you have not yet provided the counter-performance or a contractually agreed upon partial payment as of the date of the notification of cancellation.
The right of revocation shall not apply to
- merchandise which was produced according to customer specifications or was clearly tailored to personal requirements, or which is not suitable for return because of its nature, or which can spoil quickly or where the expiry date has already been exceeded. In the case of shipments of Dresden Stollen and other foodstuffs, you shall not have any right of revocation or right of return pursuant to Sections 355, 356 German Civil Code [BGB] because the merchandise can spoil quickly (Section 312 d Subsection 4 No. 1 BGB).
- newspapers, books, periodicals and magazines.
End of instruction on revocation
12. Payment date and payment
Payment shall be possible by means of advance payment, PayPal, instant bank transfer, cash-on-delivery or invoice. All prices are specified incl. value added tax. In addition, shipping costs as well as fees, if applicable, shall be charged automatically.
The purchase price shall be payable immediately on conclusion of the contract (receipt of the purchase order confirmation) in the case of advance payment, PayPal and instant bank transfer. We shall make delivery as soon as the amount payable is received in our account.
Additional costs are payable in the case of shipments by means of cash-on-delivery. The merchandise is shipped immediately and/or on the desired delivery date. The invoice amount and the fee are payable immediately on delivery. The invoice amount is payable without deductions. In the event of payment after invoicing, the payment shall be remitted within 14 days after receipt of the invoice. If the purchaser has not fulfilled his payment obligation in accordance with the due date, Bäckerei Ullrich reserves the right to transfer the debt claim to a collection agency for debt collection after the first reminder. Bäckerei Ullrich shall be entitled to charge the purchaser possible dunning and collection costs, costs for return debits or other costs incurred because payment has not been rendered properly.
In the case of a purchase on account, the merchandise is shipped immediately and/or on the desired delivery date. By accepting the General Terms and Conditions of Business, you accept notification of the invoice by e-mail. The invoice amount shall be payable as of notification subject to a 14-day time limit. The invoice amount must be transferred to the bank account specified in the invoice including information indicating the invoice number and reference number in the specific purpose comment.
You are only permitted to offset counterclaims if they have been acknowledged by us or recognised by declaratory judgement.
13. Reservation of ownership
The merchandise that is delivered shall remain our property until it has been paid in full.
14. Bank details
The bank details shall be provided to you in the purchase order confirmation or in the invoice.
15. Data Protection Declaration (Privacy Statement)
15.1. Data protection at a glance
The following information provides a simple overview of what happens with your personal data when you visit our website. Personal data are all data by means of which you can be personally identified. You can find detailed information about the topic of data protection in our Data Protection Declaration (Privacy Statement) set out below.
Data collection on our website
Who is responsible for data collection on this website?
The data processing on this website is performed by the operator of the website. You can find the latter’s contact information in the “Impressum” (Legal Notice) section of this website.
How do we collect your data?
On the one hand, your data are collected as a result of the fact that you provide them to us. Such data may include information which you enter into a contact form, for example.
Other data are collected by our IT systems automatically when you visit the website. Such data are primarily technical data (e.g. internet browser, operating system or time of day when the website was accessed). Those data are collected automatically as soon as you enter our website.
For what purpose do we use your data?
Some of the data are collected in order to ensure that the website can be made available in an error-free fashion. Other data can be used in order to analyse your user behaviour.
What rights do you have with respect to your data?
You have the right to obtain information about the origin, recipient and purpose of your personal data which have been saved at any time and at no charge. In addition, you have the right to demand the rectification, blocking or erasure of those data. In this regard as well as with regard to further questions about the topic of data protection, you can contact us at any time using the address provided in the “Impressum” (Legal Notice). Furthermore, you have a right to submit a complaint to the responsible supervisory authority.
Analysis tools and tools of third-party providers
Your surfing behaviour may be analysed when you visit our website That is primarily performed by means of cookies and with the aid of so-called analysis programmes. The analysis of your surfing behaviour is generally performed anonymously; the surfing behaviour cannot be traced back to you. You can object to that analysis or prevent it by refraining from using specific tools. You can find detailed information about this in the following Data Protection Declaration (Privacy Statement).
You can object to that analysis. We will provide you with information about the options for lodging an objection in the Data Protection Declaration.
15.2. General information and mandatory information
The operators of this website take the protection of your personal data very seriously. We treat your personal data as confidential and in accordance with the statutory data protection regulations as well as this data protection declaration.
When you use this website, various items of personal data are collected. Personal data are data by means of which you can be personally identified. This data protection declaration explains what data we collect and for what purpose we use them. It also explains how and for what purpose that is done.
We hereby point out explicitly that data transmission on the internet (e.g. in the case of communication via e-mail) may be affected by security vulnerabilities. Complete protection of the data against access by third parties is impossible.
Name of the responsible entity (controller)
The entity responsible for data processing (controller) on this website is:
Bäckerei Ullrich Schandauer Str. 79 01277 Dresden, Telephone: (0351) 3108203 E-mail: firstname.lastname@example.org
The responsible entity (controller) is the natural or legal person that decides solely or jointly with others on the purposes and means of processing of personal data (e.g. name, e-mail addresses and the like).
Revocation of your consent to data processing
Many data processing operations are only possible with your explicit consent. You can revoke a declaration of consent which you have already given at any time. Sending an informal notification via e-mail to us is sufficient. The legality of the data processing that was performed up until the revocation shall remain unaffected by the revocation.
Right to complain to the responsible supervisory authority
In the event of data protection law violations, the person concerned (data subject) has a right to submit a complaint to the responsible supervisory authority. The responsible supervisory authority with reference data protection law issues is the state data protection officer of the federal state in which our company has its domicile. A list of the data protection officers as well as their contact information can be found via the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.
Right to data portability
You have the right to have data which we automatically process on the basis of your consent or in performance of a contract handed over to yourself or to a third party in a commonly used, machine-readable format. To the extent that you demand direct transmission of the data to a different responsible entity (controller), that shall only be done if it is technically feasible.
SSL and/or TLS encryption
This website uses SSL and/or TLS encryption for security reasons and for the protection of the transmission of confidential content, such as purchase orders or inquiries that you send to us as the operator of the website. You can recognise an encrypted connection because of the fact that the address line of the browser changes from “http://” to “https://” and your browser line shows the lock symbol.
If SSL and/or TLS encryption is activated, the data that you transmit to us cannot be read by third parties.
Encrypted payment transactions on this website
If you have an obligation to provide us your payment information (e.g. account number in the case of direct debit authorisation) after a contract entailing charges has been concluded, those data are required for the purpose of handling payments.
Payment transactions by means of the commonly used payment methods (Visa / MasterCard, debit memo procedure) are executed exclusively via an encrypted SSL and/or TLS connection. You can recognise an encrypted connection because of the fact that the address line of the browser changes from “http://” to “https://” and your browser line shows the lock symbol.
In the case of encrypted communication, your payment data which you transmit to us cannot be read by third parties.
Information, blocking, erasure
Within the scope of the applicable statutory regulations, you have the right at to obtain information any time free of charge about your personal data that has been saved, their origin and recipients and the purpose of the data processing and, if applicable, a right to rectification, blocking or erasure of those data. In this regard as well as with regard to further questions about the topic of personal data, you can contact us at any time using the address provided in the “Impressum” (Legal Notice).
Objection to advertising e-mails
An objection is hereby lodged against utilisation of the contact data that is published within the scope of the obligation to provide an “Impressum” (legal notice) for the purpose of sending advertisement and information materials that are not explicitly requested. The operators of the websites explicitly reserve the right to take legal steps in the event of unsolicited sending of advertising information, such as spam e-mails.
15.3. Data protection officer
Data protection officer stipulated by law
We have appointed a data protection officer for our company.
PRODATIS CONSULTING AG Landhausstraße 8, 01067 Dresden / email@example.com / Telephone: +49 351 2662330
15.4. Data collection on our website
If you send us inquiries by means of the contact form, your information from the contact form including the contact data you have provided there are saved at our company for the purpose of processing the inquiry and in case follow-up questions arise. We do not disclose those data without your consent.
Thus, the processing of the data that is entered into the contact form is performed exclusively on the basis of your consent (Art. 6 no. 1 lit. a GDPR). You can revoke that consent at any time. Sending an informal notification via e-mail to us is sufficient. The legality of the data processing operations that were performed up until the revocation shall remain unaffected by the revocation.
The data that you enter in the contact form are stored with us until you request that we delete them, you revoke your consent to storage or the purpose of the data storage is eliminated (e.g. after processing of your inquiry is completed). Mandatory statutory provisions – particularly retention periods – shall remain unaffected.
Data transmission in the case of contract conclusion for online shops, traders and merchandise shipping
We transmit personal data to third parties only if that is necessary within the scope of contract handling, for example to the companies that are entrusted with delivery of the merchandise or the credit institute commissioned with handling payment. No further transmission of the data shall occur and/or shall only occur if you have explicitly consented to the transmission. Disclosure of your data to third parties without explicit consent, for example for advertising purposes, shall not occur.
The basis for data processing is Art. 6 no. 1 lit. b GDPR, which permits the processing of data for fulfilment of a contract or for pre-contractual measures.
15.5. Analysis tools and advertising
This website uses functions of the Web analysis service Google Analytics. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Google Analytics uses so-called “cookies”. These are text files which are stored on your computer and which facilitate analysis of how you use the website. As a rule, the information generated by the cookie regarding your use of this website is transmitted to a Google server in the USA and stored there.
Google Analytics cookies are saved on the basis of Art. 6 no. 1 lit. f GDPR. The operator of the website has a legitimate interest in analysing user behaviour in order to optimise his Web presentation as well as his advertising.
We have activated the IP anonymisation function on this website. As a result, Google shortens your IP address within the member countries of the European Union or in other countries that are contracting parties to the Agreement on the European Economic Area before transmitting them to the USA. It is only in exceptional cases that the full IP address is transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use that information in order to analyse your use of the website, in order to prepare reports about website activities and in order to provide additional services connected with website utilisation and internet utilisation to the operator of the website. The IP address that is transmitted by your browser in connection with Google Analytics is not combined with other Google data.
You can prevent the storage of cookies by means of a corresponding setting in your browser software; however, we must point out that in that case you will not be able to utilise all the functions of the website to the full extent. Furthermore, you can prevent the collection of the data that are generated by the cookie and related to your use of the website (incl. your IP address) to Google as well as the processing of those data by Google by downloading and installing the browser plug-in that is available via the following link: https://tools.google.com/dlpage/gaoptout?hl=de
Objection to data collection
You can prevent the collection of your data by Google Analytics by clicking on the following link. It activates an opt-out cookie which prevents the collection of your data during future visits to this website: De-activate Google Analytics.
You can find more information about the treatment of user data at Google Analytics in the data protection declaration (privacy statement) of Google: https://support.google.com/analytics/answer/6004245?hl=de.
Contracted data processing
We have concluded a contract with Google for contracted data processing and implement the stringent stipulations of the German data protection authorities completely in conjunction with utilisation of Google Analytics.
Demographic attributes at Google Analytics
This website uses the “demographic attributes” function of Google Analytics. As a consequence, it is possible to prepare reports that contain findings regarding the age, sex and interests of the visitors to the website. Those data come from interest-related advertisement of Google as well as visitor data of third-party providers. Those data cannot be allocated to a specific person. You can de-activate that function at any time using the display settings in your Google account or you can generally prohibit the collection of your data by Google Analytics as explained in the section “Objection to data collection”.
15.6. Plug-ins and tools
Our website uses plug-ins from the YouTube website, which is operated by Google. The operator of the websites is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA.
If you visit one of our websites that are equipped with a YouTube plug-in, a connection to the servers of YouTube is established. In the process, the YouTube server is informed about which of our websites you visited.
If you are logged onto your YouTube account, you make it possible for YouTube to allocate your surfing behaviour directly to your personal profile. You can prevent that by logging out of your YouTube account.
Utilisation of YouTube is in the interest of an attractive presentation of our online offers. That constitutes a legitimate interest within the meaning of Art. 6 no. 1 lit. f GDPR.
You can find further information about how user data are treated in the data protection declaration of YouTube at: https://www.google.de/intl/de/policies/privacy.
Google Web Fonts
This website uses so-called Web Fonts, which are supplied by Google, for the purpose of standardised presentation of fonts. When a website is called up, your browser downloads the required Web Fonts into your browser cache in order to display texts and fonts correctly.
For that purpose, the browser you use must establish a connection to the servers of Google. As a result, Google obtains knowledge about the fact that our website was accessed via your IP address. Utilisation of Google Web Fonts is in the interest of a standardised and attractive presentation of our online offers. That constitutes a legitimate interest within the meaning of Art. 6 no. 1 lit. f GDPR.
If your browser does not support Web Fonts, your computer will use a standard font.
You can find further information about Google Web Fonts under https://developers.google.com/fonts/faq and in the data protection declaration (privacy statement) of Google: https://www.google.com/policies/privacy/.
15.7. Payment service providers
Among others, we offer the option of payment via PayPal on our website. The provider of that payment service is PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (referred to in the following as “PayPal”). If you select payment via PayPal, the payment data that you enter are transmitted to PayPal. Your data is transmitted to PayPal on the basis of Art. 6 no. 1 lit. a GDPR (Consent) and Art. 6 no. 1 lit. b GDPR (Processing for performance of a contract). You have the option of revoking your consent to the data processing at any time. A revocation does not have any effect on the effectiveness of the data processing operations that occurred in the past.
16. Information for consumers about dispute resolution for online business transactions
Pursuant to EU Regulation No. 524/2013 on online dispute resolution of consumer law related disputes and the amendment of the Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution in consumer matters), we are obligated to draw attention to the offer of the EU of an online platform for settlement of disputes between consumers and traders in connection with online purchase contracts or online service contracts. http://ec.europa.eu/consumers/odr/
If you have any other concerns, here is our e-mail address: (firstname.lastname@example.org))
17. Applicable law / place of jurisdiction
All contracts between the bakery Bäckerei Ullrich and its customers shall be subject to German law. To the extent that is legally permissible – the place of jurisdiction shall be Dresden.
Schaubäckerei Ullrich | Schandauer Str. 79 | 01277 Dresden Fax: +49 (0)351 3121024 | Tel.: +49 (0)351 3108203 | E-mail: email@example.com