Terms and Conditions
ARTICLE 1 - General
The general terms and conditions set out herein shall apply exclusively to the business relationship of "Lilos Patisserie". Any deviating, conflicting or supplementary terms and conditions of our contractual partners are excluded from forming part of the contract, even if they have been submitted to "Lilos Patisserie".
Should any provision of the contract or these general terms and conditions be invalid or unenforceable, this shall not affect the validity of the remaining provisions.
ARTICLE 2 - Binding Contract Formation
A.
The presentation of products by "Lilos Patisserie" on the Internet constitutes a non-binding invitation to the customer to place an order, not a formal offer to sell. "Lilos Patisserie" reserves the right to make changes to the product being sold in terms of shape, packaging, weight, etc.
By placing an order for the desired goods in writing and/or electronically, the customer makes a binding offer to enter into a contract. "Lilos Patisserie" will confirm receipt of this order without delay. However, this confirmation does not constitute an acceptance of the order. "Lilos Patisserie" will review the customer's offer and their creditworthiness and reserves the right to reject the order. The contract shall only be deemed legally concluded upon formal written confirmation of the order.
B.
However, the customer does not have a right of withdrawal pursuant to the Distance Selling Act (see § 312b III. No. 5 BGB + Article 3(2) of European Directive 97/9/EC of 20 May 1997, applicable in the case of the delivery of food).
ARTICLE 3 - Binding Price
A.
Our prices include statutory VAT but exclude delivery costs.
B.
Shipping costs are calculated as follows:
Germany:
Up to 5 kg: EUR 6.90
(Shipping prices include statutory VAT.)
C.
If the customer provides an incorrect address when placing their order, they shall bear the corresponding costs of shipping and returning the goods.
In principle, "Lilos Patisserie" offers transport to the customer. However, the customer may arrange collection themselves when placing the order. The transport price will be stated in the special terms and conditions of the order confirmation.
ARTICLE 4 - Delivery and Transfer of Risk
A.
Unless collection of the ordered goods at the production site of "Lilos Patisserie" is specified in the order confirmation, the goods will be delivered to the delivery address provided by the customer.
B.
"Lilos Patisserie" reserves the right to make partial deliveries.
C.
The stated delivery times are non-binding unless the customer expressly insists on a binding delivery time when placing their order and "Lilos Patisserie" confirms this.
D.
When goods are shipped to a consumer, the risk of damage or destruction of the purchased goods shall only pass to the consumer upon delivery of the goods to the consumer.
When delivering to a business, the risk shall pass upon delivery of the goods to the carrier, freight forwarder or other person appointed to carry out the shipment.
ARTICLE 5 - Retention of Title
Until the goods have been paid for in full, they shall remain the property of "Lilos Patisserie"
ARTICLE 6 - Complaints
A.
Complaints regarding obvious defects, incorrect delivery scope, quantity discrepancies or incorrect deliveries must be made in writing without delay, but no later than one week after receipt of the goods.
B.
Complaints regarding the quality of the goods may only be made within the shelf life stated on the product packaging.
C.
In the event of a justified complaint, "Lilos Patisserie" shall have the right to replace the goods or offer a price reduction. Only in the event of an unsatisfactory replacement shall the buyer have the right to rescind the contract.
ARTICLE 7 - Payment Terms
Payment shall generally be made by bank transfer, PayPal or credit card. Payment must therefore always be made before delivery. Should payment be cancelled for any reason, the customer is obliged to pay in cash on the day of delivery at the latest.
ARTICLE 8 - Data Processing
"Lilos Patisserie" is entitled to store, collect and process customer data. "Lilos Patisserie" is also entitled to use the relevant customer data for advertising purposes. However, "Lilos Patisserie" undertakes not to pass the customer database on to third parties. The customer is entitled to obtain information at any time about the scope and purpose of the data processing and to prohibit the use of the relevant customer database by written notice.
ARTICLE 9 - Final Provisions
The laws of the Federal Republic of Germany shall apply, and the place of jurisdiction shall be Aachen. However, "Lilos Patisserie" may waive this jurisdiction clause and bring proceedings at the customer's place of residence. German law shall also apply only to the extent that it does not deprive the customer of the protection afforded by the mandatory provisions of the law of the state in which the consumer has their habitual residence.
Your contractual partner:
Lilos Patisserie
LA UNE OHG Lilo Rosen
Rue de Sippenaeken 162
B-4852 Hombourg
Represented by Ms Lilo Rosen
la.une.doerp@gmail.com
Tel/Fax: +32 87 784985
VAT No.: BE0707752580
Alternative dispute resolution pursuant to Art. 14(1) ODR Regulation and § 36 VSBG:
The European Commission provides an online dispute resolution (ODR) platform, which you can find at http://ec.europa.eu/consumers/odr/. We are not obliged to participate in, nor do we agree to participate in, any dispute resolution procedure before a consumer arbitration board.