§ 1 Application of the terms and conditions, contractual partner
The contractual partner for all orders is bean & beluga GmbH, represented by the Managing Director Stefan Hermann, Bautzner Landstraße 32, 01324 Dresden. All deliveries, services and offers by bean & beluga GmbH (vendor) offered to the orderer (customer) are made based exclusively on these general terms and conditions. These are a component of all contracts that the vendor concludes with his contractual partners for the deliveries or services offered by the vendor.
§ 2 Conclusion of contract, prices
1. The portrayal of the products and offered services in the web shop does not represent a legally binding offer, but is an invitation to make an order. All offers apply “as long as supplies last”, if nothing else is noted for the products.
2. By clicking the button [conclude order] the buyer submits a binding purchase offer. The purchase agreement takes effect when the vendor accepts the order of the buyer by sending an order confirmation by e-mail in which the details of the order as well as an explicit order acceptance are included (order confirmation), or by shipping the ordered products. With the conclusion of the purchase agreement the buyer is obligated to accept and pay for the ordered products.
3. The prices indicated include the respective applicable statutory VAT and other price components.
4. The total price of the order including all fees is due immediately after conclusion of the purchase agreement.
5. The language available for purchase agreements is German.
6. Deliveries will be made only to shipping addresses in Germany, Austria and Switzerland.
§ 3 Shipping costs
1. The costs of shipping, in particular postage or packaging costs, are born by the buyer.
2. In cases of cash on delivery an additional fee to the amount of 10 € is due, which will be collected by the local delivery person. There are no other taxes or costs.
§ 4 Costs for return shipping
Should the buyer make use of his right of withdrawal, then he shall bear the regular costs of return shipping in cases where the delivered goods correspond to that which was ordered, and where the price of item to be returned does not exceed the amount of 40 euros, or in cases where the price is higher, the buyer has not yet provided the return service or partial payment stipulated by the agreement. Otherwise return shipping is free of charge for the buyer.
§ 5 Payment
The buyer pays either by payment in advance, cash on delivery or cash payment when picking up. In individual cases the vendor reserves the right to refuse certain types of payment.
§ 6 Retention of title
The goods shall remain the property of the vendor until paid in full.
§ 7 Cooking courses
1. Reservation enquiries can be directed to bean & beluga GmbH by telephone, post, fax or e-mail. The customer immediately receives confirmation of receipt and an invoice from bean & beluga GmbH. The service agreement takes effect when bean & beluga GmbH confirms the reservation of the customer by providing an order confirmation by e-mail in which the details of the cooking course as well as an explicit order acceptance are included (order confirmation).2. The only means of payment accepted is payment in advance.
3. Each participant is obligated to obey all instructions given by course instructors regarding the handling food in a hygienic way, and general hygiene. Before beginning the course the course instructors are to be notified of all allergies as well as contagious diseases. bean & beluga GmbH reserves the right to exclude from the preparation of food any participants who have contagious diseases.
4. Each participant can withdraw from the agreement at no charge up to 10 days before the date of the event by providing to bean&beluga GmbH a written or verbal declaration. The participant must pay 30% of the event price to bean&beluga GmbH should he withdraw up to 4 days before the event date. The participant must pay 100% of the event price to bean&beluga GmbH should he withdraw 3 days or less before the event date.
5. The participant is entitled to demonstrate to bean&beluga GmbH that it has in fact no or less costs than the cost amount applied. In such cases the participant is obligated to pay only the actual accrued costs.
6. bean&beluga GmbH reserves the right to assert a higher claim.
§ 8 Liability for compensation because of culpability
1. bean& beluga GmbH is liable for damages – regardless of the legal basis – in cases of wilful intent or negligence. In cases of ordinary negligence, bean & beluga GmbH is only liable
a) For damages arising from injury to life, the body and health
b) For damages arising from a violation of essential contractual obligations (such obligations without the fulfilment of which it would not even be possible to properly comply with the contract and upon whose fulfilment the parties to the contract depend or may depend); in such cases liability is limited to the compensation of the expected damages which would normally occur.
2. The liability limitations arising from Par. 1 do not apply in as far as bean&beluga GmbH has maliciously concealed a defect or has undertaken a guarantee for the composition of the event.
3. In cases of violations of obligations which do not represent a defect, the buyer can only withdraw or cancel if bean&beluga GmbH is responsible for the violation. An open right of cancellation of the customer (in particular according to § 649 BGB) is ruled out. Otherwise the legal conditions and consequences apply.
§ 9 Offsetting
The buyer is entitled to offset only if his counterclaims are legally established by a court of law or if they are recognized in writing by the vendor.
§ 10 Choice of law and legal venue
1. For all legal relations between us and the buyer the law of the Federal Republic of Germany applies, excluding International Private Law and the UN Convention on Contracts for the International Sale of Goods.
2. Should the buyer be a merchant in the sense of the code of commercial law or a legal entity in the sense of public law or separate fund under public law, then the exclusive legal venue – also international – for all disputes arising directly or indirectly from the contractual relationship is our business location in Dresden.
§ 11 Severability clauseShould individual provisions in these general terms and conditions be invalid, the validity of the remaining provisions shall not be affected by this. Rather, the invalid provision will be replaced by a valid rule which closely approximates the invalid provision in terms of effect.
Right of withdrawal
You can cancel the contract, with no obligation to explain why, within 14 days in text form (e.g. letter, fax, e-mail) or – if you receive the item before the termination period has expired – also by returning the item.
The termination period begins following receipt of these instructions in text form, however, not before the recipient has received the goods (not before receipt of the first partial delivery in the case of repeat deliveries), and also not before the fulfilment of our information obligations in accordance with article 246 § 2 in connection with § 1, Par. 1 and 2 Introductory Law to the Civil Code (EGBGB), and not before the fulfilment of our obligations in accordance with § 312 g, Par 1, Sentence 1 German Civil Code (BGB), in connection with article in 246 § 3 EGBGB.
It is sufficient to send the cancellation or the item on time in order to comply with the cancellation period.
Cancellation is to be sent to:
Bautzner Landstraße 32
Fax: 0351- 440 088 22
Consequences of cancellation
In cases of an effective cancellation the services received by both parties are to be returned and any derived benefits (e.g. interest) are to be released. If you cannot return or release the received services or use (e.g. advantages of use) or only return them partially or in a deteriorated condition then you must provide us with equivalent compensation. In cases where services are provided this can lead to a situation where you must actually fulfil the contractual payment obligations for the period of time up to cancellation.
For deterioration of the item and for derived use you must only provide equivalent compensation to the extent that the derived use or the deterioration is caused by handling of the item that exceeds normal examination of the characteristics and functionality. The phrase “examination of the characteristics and functionality” shall be understood as the testing and trying out of the respective goods, as one might do and as is possible in a regular shop. You must provide equivalent compensation for derived use only to the extent that you have used the goods in a way that exceeds the examination of the characteristics and functionality. The phrase “examination of the characteristics and functionality” shall be understood as the testing and trying out of the respective goods, as one might do and as is possible in a regular shop.
Items which can be shipped in packages are to be shipped back to us at our own risk. You must bear the regular costs of return shipping in cases where the delivered goods correspond to that which was ordered, and where the price of item to be returned does not exceed the amount of 40 euros, or in cases where the price is higher, you have not yet provided the return service or partial payment stipulated by the agreement. Otherwise return shipping is free of charge for the you. Items which cannot be shipped in packages will be picked up at your location. Obligations to reimburse payments must be fulfilled within 30 days. The period of time begins for you with the sending of the cancellation notice or the item; for us with their receipt.
Special notesIn cases where services are provided, your right to cancel expires prematurely when the contract is completely fulfilled according to the explicit wishes of both parties, before you have exercised your right to cancel.