General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Michael Kitz) via the website

https://www.michis-schokoatelier.de/shop/ schließen. Soweit nicht anders vereinbart, wird der Einbeziehung gegebenenfalls von Ihnen

contradicts our own terms and conditions.

(2) For the purposes of the following provisions, a consumer is any natural person who enters into a legal transaction for purposes that are

predominantly cannot be attributed to their commercial or self-employed professional activity. An entrepreneur is anyone

natural or legal person or a partnership with legal capacity who, when concluding a legal transaction in the exercise of their

self-employed professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject matter of the contract is the sale of goods.

Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.

(2) You can submit a binding purchase offer (order) via the online shopping cart system.

The goods intended for purchase are placed in the "shopping cart." Using the corresponding button in the navigation bar

you can access the "shopping cart" and make changes there at any time. After clicking on the "Checkout" or "Continue to checkout" button,

Order" (or similar designation) and the entry of personal data as well as the payment and shipping conditions

Finally, the order details will be displayed as an order overview.

Before submitting your order, you have the opportunity to review and change the details in the order summary (also via

the "back" function of your Internet browser) or cancel the order.

By submitting the order via the corresponding button ("order with obligation to pay"),

,

"buy" / "buy now"

,

“subject to a fee

"Order" or similar designation), you are submitting a binding offer to us.

You will first receive an automatic email confirming receipt of your order, which does not yet constitute a contract.

(3) Acceptance of the offer (and thus conclusion of the contract) shall take place within 2 days by confirmation in text form (e.g., email).

in which the execution of the order or delivery of the goods is confirmed (order confirmation).

If you have not received such a message, you are no longer bound by your order. If applicable, already

Services rendered will be refunded immediately in this case.

(4) The order will be processed and all information required in connection with the conclusion of the contract will be transmitted via

Email is partially automated. You must therefore ensure that the email address you have provided us with is correct, that

Reception of emails is technically ensured and, in particular, is not prevented by spam filters.

§ 3 Customized goods

(1) You shall provide us with the appropriate information, texts, or files required for the individual design of the goods via the online

Order system or by email immediately after conclusion of the contract at the latest. Any specifications we may have regarding file formats

must be observed.

(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights).

violate or contravene existing laws. You expressly indemnify us from all claims asserted in this connection.

claims made by third parties. This also applies to the costs of legal representation required in this context.

(3) We do not check the transmitted data for accuracy and therefore accept no liability for errors.

§ 4 Right of retention, retention of title

(1) You may only exercise a right of retention if the claims arise from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following also applies:

a) We retain title to the goods until all claims arising from the current business relationship have been settled in full.

Pledging or transfer by way of security is not permitted before transfer of ownership of the goods subject to retention of title.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign all claims in the amount of the

You assign to us the claims arising from the resale, and we accept the assignment. You are further obliged to collect

authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to

Collect the claim yourself.

c) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in proportion to the invoice value.

the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our

Collateral exceeds the secured claim by more than 10%. The selection of collateral to be released is at our discretion.

§ 5 Warranty

(1) The statutory rights to liability for defects apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your rights.

Impact on your statutory warranty claims.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you have

Submission of the contractual declaration by us informed of the same and the deviation expressly and separately between

agreed upon by the contracting parties.

(4) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:

a) Only our own information and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not

other advertising, public promotions, and statements by the manufacturer.

b) In the event of defects, we shall provide warranty at our discretion by repair or replacement. If the defect cannot be remedied,

you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed unsuccessful after a second unsuccessful attempt.

The attempt shall be deemed to have failed if, in particular, the nature of the goods or the defect or other circumstances indicate otherwise.

otherwise. In the event of rectification, we shall not be liable for any increased costs incurred by transporting the goods to a

other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The reduction in the warranty period does not apply:

– for culpable damage attributable to us resulting from injury to life, limb, or health, and in cases of intent

or other damage caused by gross negligence;

– if we have fraudulently concealed the defect or have given a guarantee for the quality of the item;

– in the case of items that have been used for a building in accordance with their normal use and whose defectiveness

have caused;

– in the case of statutory recourse claims that you have against us in connection with warranty rights.

§ 6 Choice of law

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as it does not conflict with mandatory provisions of law.

the protection granted by the state of the consumer's habitual residence is not withdrawn (principle of favorability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

II. Customer information

1. Identity of the seller

Michael Kitz

60 Sandweg

60316 Frankfurt am Main

Germany

Phone: +496940898066

Email: info@michis-schokoatelier.de

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself, and the options for making corrections are carried out in accordance with the

Provisions regarding "Conclusion of the Contract" in our General Terms and Conditions (Part I).

3. Contract language, contract text storage

3.1. The contract language is German.

3.2. We do not store the complete text of the contract. Before submitting the order via the online shopping cart system, you can

the contract data can be printed out using the browser's print function or saved electronically. After we receive the order

the order details, the information required by law for distance contracts, and the General Terms and Conditions

Terms and conditions sent to you again by email.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and payment terms

5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all

Price components including all applicable taxes.

5.2. The shipping costs incurred are not included in the purchase price. They can be viewed via a correspondingly labeled button on our website.

Internet presence or in the respective offer, will be shown separately during the ordering process and are to be borne by you in addition, unless free shipping has been promised.

5.3. The payment methods available to you are listed under a corresponding button on our website.

or indicated in the respective offer.

5.4. Unless otherwise specified for the individual payment methods, payment claims arising from the concluded contract are due immediately.

Payment due.

6. Delivery terms

6.1. The delivery terms, delivery date, and any existing delivery restrictions can be found under a corresponding

button on our website or in the respective offer.

6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods shall pass to you upon delivery.

The title to the sold item during shipment is only transferred to you upon delivery of the goods, regardless of whether the shipment

insured or uninsured. This does not apply if you independently hire a transport company not designated by the contractor or

have commissioned another person to carry out the shipment.

If you are an entrepreneur, delivery and shipping are at your own risk.

7. Statutory liability for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These terms and conditions and customer information were created by the Händlerbund's lawyers specializing in IT law and are

continuously checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of

of warnings. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service .

Last update: October 22, 2024