Terms & Conditions
General terms and conditions of the Walter Simon Bakery, P & W Simon, for baked goods and accessories offered in connection with these products, as well as complementary products.
§ 1 General, Scope
The following terms and conditions (for baked goods, related accessories, and complementary products) govern the contractual relationship between the Walter Simon Bakery, P & W Simon, and the customer in the version valid at the time of the order. They apply to all deliveries within the Federal Republic of Germany.
§ 2 Conclusion of contract, purchase price payment and default of the customer
1. The offer of the Walter Simon Bakery, P & W Simon, on the Internet is only a non-binding invitation to the customer to submit an offer.
2. After submitting his order and thus the submission of his offer to conclude the contract, the purchaser will receive an order confirmation to the e-mail address which he has provided. This constitutes the acceptance of the contract by the Walter Simon Bakery, P & W Simon
3. If the payment of the goods is made by prepayment, that means that a transfer of the total amount (calculated from the specified purchase price plus the applicable shipping costs) is made to the account of the Walter Simon Bakery, P & W Simon:
P & W Simon
Verwendungszweck: [Your invoice number]
(The invoice number is very important! Please specify)
With the conclusion of the contract, the purchaser is bound to transfer the total amount without delay to the account of the Walter Simon Bakery, P & W Simon.
Important:Please transfer on time, so that the payment is already in our account before the selected baking day. Normally it takes about 2-3 working days until the amount is credited to us. If it comes later, your cookies will automatically be baked on the next baking day.
Gift certificates can only be paid via PayPal, as they are sent directly to you by e-mail.
4. In case of late payment, the purchaser will be charged interest on the payment price. The default interest rate is five percentage points higher than the base rate of interest of the current calendar year.
§ 3 Delivery
1. The delivery takes place by sending the object of purchase to the address electronically communicated by the buyer.
2. A delivery takes place expressly only after receipt of payment of the total amount to the account specified under §2 or with credits in terms of § 2 no. 5 and no. 6 of these terms and conditions..
3. If the wrong address is given and / or a package is returned to us by the transporter commissioned by us, a lump sum of 10 Euro will be charged. This must be paid within 14 days of notification and invoicing.
§ 4 Right of Withdrawal
If and to the extent of which one of the following listed factual reasons exists after conclusion of the contract, the Walter Simon Bakery, P & W Simon, is entitled to immediate withdrawal from the contract with the purchaser:
1. In the case of a shortage of raw materials.
2. In the case of not receiving correct and punctual delivery. This does not apply to non-delivery caused by the Walter Simon Bakery, P & W Simon. The Walter Simon Bakery, P & W Simon, shall be responsible for informing the purchaser of the unavailability of the service as soon as possible and without delay. Services already exchanged, particularly a total price already paid by the customer, shall be reimbursed immediately.
§5 Liability for defects
1. In the case of a defect, statutory provisions apply. The Walter Simon Bakery, P & W Simon, is not liable for further damage caused to the customer by the defective delivery.
2. This exclusion of liability shall not apply to damage resulting from injury to life, body or health caused by malice or gross negligence by the Walter Simon Bakery, P & W Simon, nor based on malice or gross negligence by their legal representatives or vicarious agents.
3. Furthermore, this exclusion of liability does not apply to other damages resulting from malice or gross negligence the Walter Simon Bakery, P & W Simon, or resulting from malice or gross negligence by one of their legal representatives or vicarious agents.
§6 Retention of title
The goods remain the property of the Walter Simon Bakery, P & W Simon.
A right to set-off is only available to the customer either if his counterclaims have been legally established or by the Walter Simon Bakery, P & W Simon.
§8 Right of Withdrawal and Cancellation Policy
We expressly point out that under certain circumstances there is no two-week right of withdrawal despite a distance contract. Baked goods made to customer specifications are nonreturnable (§ 312d IV No. 1 BGB).
Additional regulations apply if the customer orders a ready-mixed cookie package, i.e. a finished product, from the bakery. Please note that as a customer in this case, the following cancellation policy applies:
As a customer of P & W Simon, you have the right of withdrawal from this contract within one month without stating any reasons in writing (by letter, fax, or e-mail, for example) or (if also before the one-month deadline) by returning the goods. The withdrawal period will expire one month from the day of the receipt of these instructions in writing, not upon receipt of the goods by the recipient. The revocation period shall be deemed observed if the goods are returned or notice of revocation is given within this period. The notice of revocation must be sent to:
P & W Simon | Jahnstr. 14 | 94032 Passau | firstname.lastname@example.org
Consequences of Withdrawal
In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to restitute the merchandise to us or can only restitute it in a deteriorated condition, then you have to insofar compensate for its value where applicable. This does not apply if the deterioration is exclusively due to examining the merchandise – as for instance in a retail store – or putting the merchandise to its intended use. Things that can be shipped by parcel are to be returned on our risk. Things that cannot be shipped by parcel will be picked up. You are obliged to bear the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of forty euros or if, where the price is higher, you have at the date of the revocation not yet rendered consideration or given a part payment. In all other cases, the return shipment for you is free of charge. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation.
- End of revocation instruction -