General Terms and Conditions

General Terms and Conditions (AGB) of Spreewaldkonserve Golßen GmbH applying to distance selling and e-commerce via www.spreewaldhof.de or by telephone for sales to private customers with billing addresses in Germany

Valid as of: 28-01-2015

1. General Information

The current General Terms and Conditions of Spreewaldkonserve Golßen GmbH, Bahnhofstrasse 1, 15938 Golßen, Deutschland (telephone: +49 (0)35452 389-0, e-mail: shop(a)spreewaldhof.de) valid at the time when the order is placed apply to all goods ordered via www.spreewaldhof.de or by phone at +49 (0)35452 389-0. Any provisions that differ from these conditions shall only apply if we have confirmed them in writing.

Pictures of products may not necessarily be identical to the actual appearance of the supplied products. In particular, revised product ranges may lead to changes in the appearance, features and design of the products.

2. Conclusion of Contract and Delivery Area

All information about goods and prices within each order transaction is subject to change and is non-binding. Your order represents a binding offer to buy, which we need to accept first. A purchase contract and the right to delivery and payment of the goods only arises upon acceptance of your order. We are under no obligation to accept your offer to buy.

Any passwords required to place an order are not permitted to be forwarded to third parties. If they are forwarded, you shall be liable for any orders placed by third parties. You will be responsible for any and all orders made with your password and for the resultant charges.

The delivery area served by Spreewaldkonserve Golßen GmbH is limited to the Federal Republic of Germany. Orders from foreign countries cannot be accepted.

3. Cancellation Policy

Right to cancel: You are entitled to cancel this contract within fourteen (14) days without stating a reason. The cancellation deadline is fourteen days (14) starting on the date on which you or a third party you designate, who is not the carrier, accepts the goods.   

To exercise your right to cancel, please send a clear explanation (e.g. in a letter by postal mail or e-mail) to

Spreewaldkonserve Golßen GmbH, Bahnhofstrasse 1, 15938 Golßen , Germany shop(a)spreewaldhof.de /  Telephone number: +49 (0)35452 389-0

and state your decision to cancel the contract. Timely despatch of the notification of cancellation will be deemed to be sufficient for compliance with the cancellation deadline.

Consequences of cancellation:

If you cancel this contract, we are obliged to return all payments we have received from you, including delivery costs, immediately and no later than within fourteen (14) days starting on the date we received notification of the cancellation. Repayments will be made using the same payment method used for the original transaction, unless otherwise specifically agreed upon with you; no fees will ever be charged to you in connection with the repayment. We are entitled to refuse to return payments until we have received the goods or verification that the goods have been returned to us, depending on whichever occurs sooner.   

You are obliged to return the goods or hand over the goods to us immediately or no later than within fourteen (14) days of cancelling the contract. Timely despatch of the goods will be deemed to be sufficient for compliance with the deadline. You are responsible for the costs of returning the goods.

If you are not able to return the delivered item in whole or in part or only in a deteriorated condition, you must compensate us for the lost value to the required extent. This shall not apply if the deterioration of the item is attributed solely to an inspection of the item – as might have been possible in a retail shop, for example. In all other respects, you can avoid the obligation to compensate for lost value due to a deterioration of the item as a consequence of the intended use of the item, by not using the item as your property and refraining from any action or handling that could reduce its value.

4. Payment Terms

The payment due comprises the value of the goods and any packaging or shipping costs. We accept the following payment methods:

a. Advance payment

b. Direct debit

In particular, the payment method for delivery addresses that differ from the invoice address and/or an order value in excess of 100 € will be limited.

In the case of advance and direct debit payments, the goods will be sent after payment has been received. If we do not receive the payment within 10 days, the order will automatically be cancelled. The bank account information for advance payments is: Spreewaldkonserve Golßen GmbH, BIC COBADEFFXXX (Commerzbank Cottbus), IBAN DE40 1804 0000 0150 0511 01, Purpose: Online Shop, first name and surname of the ordering party, order number.

In the case of payment by direct debit, the invoice amount will be debited from the designated account within 2 business days after the order has been placed, and will state your order/reference number.  If the direct debit amount payable is rejected or withdrawn retroactively by the bank where the account is held, you will automatically be in arrears. Even without any further reminders, you shall then also be obliged to pay the statutory default interest in the amount of five percent above the relevant key interest rate published by the European Central Bank and shall also be responsible for paying the damages arising from the default, in particular the additional dunning and collection costs. However, you are entitled to provide proof that no costs or fewer costs were incurred.

Please note that we only accept payments from bank accounts within Germany.

5. Packaging and shipping costs

We charge 4.50 euro per 10 kg for packaging and shipping within Germany. This weight, which takes into account the weight of the containers (e.g. jars, cans, etc.), is automatically calculated by the shop.

6. Prices and Retention of Title

The listed prices only apply for orders made via the online shop. They include the VAT rate valid at the time the order was placed. The delivered goods remain our property until payment has been made in full. In the event of a breach of contract on your part, in particular late payment or default of payment, we are entitled to take back the delivered item after a reasonable period of time; you are then obliged to relinquish the item.   

7. Delivery and Delivery Periods

The goods will be shipped within 3-5 business days after payment has been received. Unless another delivery address has been specified, the goods will be delivered to the address provided by the customer. Requested delivery periods can only be considered in some cases. Strikes, operational disruptions, fires, explosions, power shutoffs, energy shortages, or raw material shortages caused by crop failures or any other events beyond our control shall relieve us of our obligation to deliver and entitle us to withdraw from the contract or any parts thereof, or to make a partial delivery, without any liability on our part to compensate for damages or make subsequent deliveries. A delayed delivery does not entitle the purchaser to withdraw from the contract or to demand any kind of compensation if an adequate grace period has not been allowed for. Any and all other claims are excluded.

8. Transport

The goods are delivered at our risk up to the door of the building, house or apartment.  Any damage to and/or theft of our goods during delivery must be reported immediately to the freight carrier upon receipt of the goods. Spreewaldkonserve Golßen GmbH will replace any goods for which such complaints have been made. Any and all other claims are excluded.   

9. Guarantee

The guarantee period starts when the customer accepts the goods.  The delivery is deemed complete once the customer confirms the quantity and quality by signing the delivery note upon acceptance of the goods.

Complaints must be reported no later than three (3) days after delivery, so that Spreewaldkonserve Golßen can inspect the damage. The customer must retain the defective goods and return them if requested to do so.

Otherwise, any guarantee claims made by the customer will be deemed invalid. It is also assumed that the goods will be stored correctly as specified by the manufacturer.

10. Data Privacy and Protection

All data required to process the business transactions is saved and stored. All personal data is, of course, treated confidentially.

11. Liability

Any liability on the part of Spreewaldkonserve Golßen GmbH resulting from the delivery contract shall be limited to the value of the ordered goods, except in the case of gross negligence or wilful intent. We do not assume any liability for the content published by external service providers to which we provide links, therefore such liability is excluded.

12. Copyrights

Duplication or reproduction of the product catalogue, in full or in part, is only permitted with the consent of the publisher.

13. Place of Fulfilment and Place of Jurisdiction

The place of fulfilment for all claims arising from agreements and contracts concluded on the basis of these General Terms and Conditions is the headquarters of the Spreewaldkonserve Golßen GmbH company. The place of jurisdiction is the competent ordinary court of law applicable to the location of Spreewaldkonserve Golßen GmbH.

14. Final Provisions

These General Terms and Conditions are exclusively subject to the laws of the Federal Republic of Germany.

 I. Use of the Website         

§ 1 Liability for content, hyperlinks

The information on this website is continuously checked and updated by Spreewaldkonserve Golßen GmbH. Despite all due care and attention, information may have changed in the meantime. We therefore cannot assume any liability or guarantee the up-to-dateness, accuracy and completeness of the information provided on the website. Spreewaldkonserve Golßen GmbH reserves the right to change, supplement, reduce or even discontinue its website or Internet services at any time. It cannot guarantee that the content of the website is suitable for the user and his/her purposes.   

Our website contains links to other external websites. Spreewaldkonserve Golßen GmbH has no influence on the content and design of these linked sites. Accordingly, we hereby explicitly dissociate ourselves from the content of all pages linked from our website.

 

Please inform an employee at Spreewaldkonserve Golßen GmbH immediately if the links on our website direct you to websites whose content seems questionable or dubious. As soon as Spreewaldkonserve Golßen GmbH becomes aware of any illegal content on linked websites, we will immediately remove the links from our website. This declaration applies to all links on Spreewaldhof websites.

§ 2 Technical information

Errors may occur as a result of the digitisation of data. The display of the content can vary due to the use of different Internet browsers and due to individual software settings.

§ 3 Intended access area

The Spreewaldkonserve Golßen GmbH website is designed for the Federal Republic of Germany and created in compliance with German laws. We do not assume any liability or guarantee that the Spreewaldkonserve Golßen GmbH website is suitable, useable or legally permissible for users from other countries.

§ 4 Copyright

The entire content, design and structure of the Spreewaldkonserve Golßen GmbH website is protected by copyright law, and we expressly reserve all protective, industrial property and intellectual property rights. In particular, duplication, reproduction, editing, distribution and use of the content in any other way require the written permission of Spreewaldkonserve Golßen GmbH, unless legal regulations permit such action without prior consent. Downloads and copies of this website and its contents is only permitted for private, non-commercial use, unless otherwise stated. Adding hyperlinks to our website is only permitted with our prior written consent.

II. Information on Data Privacy and Protection

With regard to all aspects of data processing (e.g. collection, processing, and transmission), Spreewaldkonserve Golßen GmbH complies with the applicable legal regulations. The following statement provides an overview of the types of data we collect, how this data is used and forwarded, what security measures Spreewaldkonserve Golßen GmbH takes to protect your data and how you can acquire information about the data you have provided to Spreewaldkonserve Golßen GmbH.

§ 1 Collection and storage of personal data

Personal data is specific information concerning the personal and factual circumstances of an identified or identifiable natural person, such as, e.g., your name, address, telephone number, date of birth, bank account information, and your IP address.

Spreewaldhof stores the following data when you access and use our website; the data is only stored for internal system-related and statistical purposes: names of the web pages you accessed, name of the Internet browser and operating system you use, name of the querying domain, date and time of access, names of the search engine you use and your IP address. All data related to usage, in particular your IP address, will be deleted as soon as possible.   

Other specific personal data, such as your full name, e-mail address and postal address are only collected if you provide them voluntarily, for example within the scope of an inquiry, order or when registering for a contest. Only data required for the specific purpose will be queried. Spreewaldkonserve Golßen GmbH only keeps your data until the enquiries or orders have been completed or to maintain your registration. You have the right to access, view, correct or delete your registration data at any time.   

§ 2 Use, disclosure and deletion of personal data

Spreewaldkonserve Golßen GmbH will only use the personal data you provide to us for the specific purpose, for example to answer your inquiries, process your order, enter you in contests, or for purposes related to the technical administration of the website.

You can also subscribe to the Spreewaldhof e-mail newsletter. In this case, your e-mail address needs to be collected and stored.  Spreewaldkonserve Golßen GmbH will only use this data to send newsletter e-mails to inform you about current offers. You can unsubscribe to the newsletter at any time via datenschutz(a)spreewaldhof.de. Once you unsubscribe, your data is deleted.  

We will never sell your personal data to third parties. Your personal data will only be forwarded, transmitted or disclosed to third parties if it is required for the purpose of fulfilling the contract or if you have expressly granted your permission to do so. Any other use of the data in any other way is not permitted. Spreewaldkonserve Golßen GmbH is also entitled to forward personal data for debt collection purposes. It reserves the right to exchange data with business protection organizations and credit information agencies (e.g. Schufa). Spreewaldkonserve Golßen GmbH is also, by order of the competent authorities, permitted to provide information on data in individual cases if it is required for the purpose of law enforcement or criminal prosecution proceedings,  to enable the police authorities of the German federal states to prevent crimes, to fulfil the statutory duties of the Offices for the Protection of the Constitution of the German Federal Government and German federal states, the German Federal Intelligence Service or Military Intelligence Service, or to assert intellectual property rights.

§ 3 Security information

Spreewaldkonserve Golßen GmbH has implemented a number of security measures to protect personal data to the appropriate and adequate extent. The databases at Spreewaldkonserve Golßen GmbH are protected by physical and technical means and procedures that limit access to the data to specifically authorised persons in compliance with this data privacy and protection statement. The information system is protected by a software firewall to prevent access by other networks connected to the Internet. Only employees who require the information in order to fulfil a specific task have access to personal data. The employees at Spreewaldkonserve Golßen GmbH have been trained in the security and data protection policies and requirements. Any personal data collected via the Spreewaldhof websites is transmitted in encrypted form using the industry standard Secure Socket Layer ("SSL") technology. Spreewaldkonserve Golßen GmbH  cannot guarantee full data security in the case of e-mail communications.

Our websites do not use any cookies at this time.

§ 4 Right to information

You have the right, at any time, to access and obtain information about the stored data pertaining to your person, the origin and recipient of the data, as well as the purpose and reason for the data processing. If you have any questions about data privacy and protection, please contact datenschutz(a)spreewaldhof.de at any time.