Conditions of Use
Conditions of Use of Frischmann-Marzipan GmbH
1. Application of the Conditions
1.1 Frischmann Marzipan GmbH, Kirchstr. 2, D-75378 Bad Liebenzell (further named Frischmann Marzipan), executes orders of clients (further named client) in the online shop www.frischmann-marzipan.com on the base of the following conditions. Further direct orders can be made in written by fax, Email, or per telephone. The following conditions apply alike.
1.1 Frischmann Marzipan GmbH, Kirchstr. 2, D-75378 Bad Liebenzell (further named Frischmann Marzipan), executes orders of clients (further named client) in the online shop www.frischmann-marzipan.com on the base of the following conditions. Further direct orders can be made in written by fax, Email, or per telephone. The following conditions apply alike.
1.2 The client is end-user in the sense of the following conditions, as long as the purpose of the goods or services ordered cannot be assigned to his commercial or freelance occupation. In contrary every natural or legal person or rightful personal company that is acting upon the exercise of his or her commercial or freelance occupation is an entrepreneur.
1.3 Other arrangements are only effective, if they have been confirmed by Frischmann Marzipan. If the client is an entrepreneur, this confirmation has to be in writing.
2. Offer, business transaction and contract conclusion
2.1 The assortment offered by Frischmann Marzipan in the catalogue, online-shop or other internet platforms is not binding and subject to change without notice. The order transaction happens as follows: The client can choose products from the assortment of Frischmann Marzipan and collect those in the desired amount into shopping cart by using the button "add to cart". To button "cashier" opens the mask to enter the order data (name, address, etc.). The client chooses whether he or she is a new customer or already registered. New clients have to register and choose a password that can be used for later purchases. The fields marked with the *-symbol have to be filled. The button "proceed" opens the delivery options where a different delivery address can be entered. "Proceed" opens an overview that allows changes of the billing address and the payment method has to be chosen. The order is only processed if the conditions are accepted by ticking "I accept the terms and conditions of use". The "proceed" button gives a complete overview of the order. The button "send order" initiates the binding order to purchase the articles in the cart. Before sending the order the data can be viewed and altered at any time. After sending the order the client can print it with the button "print".
2.1 The assortment offered by Frischmann Marzipan in the catalogue, online-shop or other internet platforms is not binding and subject to change without notice. The order transaction happens as follows: The client can choose products from the assortment of Frischmann Marzipan and collect those in the desired amount into shopping cart by using the button "add to cart". To button "cashier" opens the mask to enter the order data (name, address, etc.). The client chooses whether he or she is a new customer or already registered. New clients have to register and choose a password that can be used for later purchases. The fields marked with the *-symbol have to be filled. The button "proceed" opens the delivery options where a different delivery address can be entered. "Proceed" opens an overview that allows changes of the billing address and the payment method has to be chosen. The order is only processed if the conditions are accepted by ticking "I accept the terms and conditions of use". The "proceed" button gives a complete overview of the order. The button "send order" initiates the binding order to purchase the articles in the cart. Before sending the order the data can be viewed and altered at any time. After sending the order the client can print it with the button "print".
2.2 Frischmann Marzipan sends an automatic confirmation of the reception of the order with the attached order. The automatic confirmation of the reception is merely documenting, that the order was forwarded to Frischmann Marzipan yet it doesn´t state acceptance of the order. The contract is only accepted in a separate Email. Should no other order confirmation or acceptance of the order be made, Frischmann Marzipan accepts the order latest by delivering the ordered goods.
2.3 If at the time of the order the chosen product is not available, Frischmann Marzipan will inform the client with an order confirmation. If the product is not available for a longer period of time, Frischmann is not accepting the order - in this case there is no contract.
2.4 Frischmann Marzipan informs the client, if the product is temporarily not available. If the delivery is longer than four weeks, the client may withdraw his order. Also Frischmann Marzipan can resign from the contract. Any received payments will be reimbursed.
3. Prices and Payment
3.1 The prices include VAT if not declared as net price. The price refers to the amount of goods offered.
3.1 The prices include VAT if not declared as net price. The price refers to the amount of goods offered.
3.2 The client can pay by advance payment, credit card (VISA & MasterCard) or Giropay.
4. Delivery, Shipping Cost and Availability
4.1 Shipping within Germany
Orders from EUR 85.00 are free of shipping cost.
Orders under EUR 85.00 will be charged 5.95 EUR.
4.2 Shipping within the EU:
17 EUR up to 5 kg
22 EUR up to 10 kg
32 EUR up to 20 kg
Orders from EUR 85.00 are free of shipping cost.
Orders under EUR 85.00 will be charged 5.95 EUR.
4.2 Shipping within the EU:
17 EUR up to 5 kg
22 EUR up to 10 kg
32 EUR up to 20 kg
4.3 Shipping to other European countries:
30 EUR up to 5 kg
35 EUR up to 10 kg
45 EUR up to 20 kg
30 EUR up to 5 kg
35 EUR up to 10 kg
45 EUR up to 20 kg
4.4 Shipping outside of Europe:
40.00 EUR up to 5 kg
60.00 EUR up to 10 kg
100.00 EUR up to 20 kg
40.00 EUR up to 5 kg
60.00 EUR up to 10 kg
100.00 EUR up to 20 kg
4.5 Frischmann Marzipan chooses the way of transportation. Damages due to shipping have to be claimed immediately upon noticing them. If the client is entrepreneur §377 HGB applies.
4.6 The stated delivery times are only fix dates, if Frischmann Marzipan confirms this explicitly. If the client is entrepreneur this confirmation has to be made in writing.
5. Retention of title
5.1 The delivered goods remain the property of Frischmann Marzipan until the complete price is paid.
5.1 The delivered goods remain the property of Frischmann Marzipan until the complete price is paid.
5.2 If third parties are involved - especially due to seizure and confiscation - the client has to inform Frischmann Marzipan immediately. The third party needs to be informed immediately of the retention of title.
6. Defects Liability and Accountability
6.1 In case of damages Frischmann Marzipan may offer new, impeccable goods or through rectification of the defect. If the subsequent performance fails permanently within an appropriate time chosen by the client, that allows at least two trials of subsequent performance, according to §§ 434ff the client may lower the co, claim damage and imbursement of expenditures or withdraw the contract.
6.2 If the client is entrepreneur and wishes termination of the binding contract or lowering of the compensation after unsuccessful subsequent performance within a period of time set by the client, the client has to claim this explicitly in writing when setting the deadline. The defects liability towards entrepreneurs applies only 12 months upon delivery, except for a case relating to 6.7. In that case the legal statutory period applies.
6.3 Due to the use of food colorants, the colors may vary slightly from the pictures.
6.4 Due to manual shaping and varying humidity the weight may deviate up to 5%.
6.5 The suggested storage and presentation temperature is 18°C (64° F) - maximum 20°C (68° F) without exposure to strong direct lighting or sun light.
6.6 Frischmann-Marzipan is liable for deliberate intention or gross negligence, for harm to life, body or health, according to the prescriptions of the product liability law, as well as within the coverage of a guarantee taken over by Frischmann Marzipan.
6.7 If a duty that is vital to reach the purpose of the contract Frischmann-Marzipan is liable for slight negligence, as long as the damage was foreseeable and typical according to the operation, yet the liability is limited to 10.000 EUR for each case of damage and to 20.000 EUR for each contractual relationship.
6.8 There is no further liability of Frischmann-Marzipan.
6.9 The before mentioned limitation of liability is also valid for the personal liability of workers, vicarious agents, representatives and organs of Frischmann-Marzipan.
7. Right of revocation
If the client is end-user and the contract with Frischmann Marzipan was made exclusively via telecommunication (e.g. letter, fax, e-mail or the internet shop), the contract can be revoked by the customer either in writing (e.g. letter, fax, e-mail), or, in the event that the item has been transferred before the end of this revocation period, by returning the item within two weeks. It is not necessary to give any reason for this revocation. The revocation period shall begin upon receipt of this information, but no earlier at the reception of the goods by the customer (when similar goods are delivered in repeated installments the revocation period does not begin after the first installment has been delivered) and not before Frischmann-Marzipan GmbH carries out the duty to supply information pursuant to Section 312c subs. 2 BGB (German Civil Code) in conjunction with Section 1 subs 1, 2 and 4 BGB-InfoV plus our duties pursuant to Section 312e subs. 1 clause 1 BGB in conjunction with Section 3 BGB-InfoV. In order to comply with the revocation period it shall be sufficient that the revocation or the item to have been posted within this period.
The revocation shall be addressed to
Frischmann-Marzipan GmbH
Kirchstr. 2
75378 Bad Liebenzell
Fax: +49-(0)7052-3032
Email: shop(at)frischmann-marzipan.com
Consequences of revocation
In case of valid revocation, both parties have to return the received goods or payments as well as any derived benefits (e.g. interest). In case you are unable to return the services or products received in their entirety or at all, or if you can only return them in a deteriorated condition, you have to pay compensation to us accordingly. This does not apply to goods being returned if such deterioration is exclusively due to your inspecting the goods as you would have been able to do in a retail shop. If you use the goods not as you would use your property and don´t do anything to decrease the value of the goods, you can eliminate the risk of replacement upon deterioration.
The consumer is obliged to make return shipment of the thing at our risk, if it can be sent by parcel. The regular costs of return shipment may be imposed by contract on the consumer if the price of the goods to be sent back does not exceed an amount of forty euros or if, where the price is higher, the consumer has not yet rendered consideration or given a part payment, at the date of the revocation unless the goods supplied do not correspond to those ordered. Otherwise the return shipment is at our cost. Items that cannot be shipped in parcels will be picked up at your address. Payments have to be refunded by the customer within 30 days from dispatch of the notice of revocation. The deadline starts with your dispatch of your revocation notice or the item in question; for us it starts with our reception of the same.
In case of valid revocation, both parties have to return the received goods or payments as well as any derived benefits (e.g. interest). In case you are unable to return the services or products received in their entirety or at all, or if you can only return them in a deteriorated condition, you have to pay compensation to us accordingly. This does not apply to goods being returned if such deterioration is exclusively due to your inspecting the goods as you would have been able to do in a retail shop. If you use the goods not as you would use your property and don´t do anything to decrease the value of the goods, you can eliminate the risk of replacement upon deterioration.
The consumer is obliged to make return shipment of the thing at our risk, if it can be sent by parcel. The regular costs of return shipment may be imposed by contract on the consumer if the price of the goods to be sent back does not exceed an amount of forty euros or if, where the price is higher, the consumer has not yet rendered consideration or given a part payment, at the date of the revocation unless the goods supplied do not correspond to those ordered. Otherwise the return shipment is at our cost. Items that cannot be shipped in parcels will be picked up at your address. Payments have to be refunded by the customer within 30 days from dispatch of the notice of revocation. The deadline starts with your dispatch of your revocation notice or the item in question; for us it starts with our reception of the same.
- End of the right of revocation -
8. Privacy Notice
8.1 Data asked for from the clients is only saved, used and transferred in the necessary process of the business relation and according to the law. Frischmann-Marzipan is further sending the actual catalogue and other advertising material by post to commercial clients. We will only ask for or use personal data if the client gives the data voluntarily or explicitly agrees.
8.2 We will not forward client data to third parties unless it is necessary to process the order (e.g. for the shipment) or the postal sending of advertising material.
8.3 The client has the right to get information on the data saved about his person. He can ask for correction, blocking or deletion of his data. In order to do this the client has to send a corresponding message by post or email to Frischmann-Marzipan GmbH, Kirchstr. 2, 75378 Bad Liebenzell, Germany or shop(at)frischmann-marzipan.com.
9. Final Clauses
9.1 For the conditions of use and all contracts between Frischmann-Marzipan and the client the law of the Federal Republic of Germany under exclusion of United Nations Convention Contracts for the Sale of Goods as well as the international conflict of law except for obligatory consumer protection regulations of the state where the client mainly resides.
9.2 If the client is entrepreneur, only undoubted claims or claims res judicata may be cleared. The right of retention or the pleas of not fulfilled contract are only allowed within the corresponding contract.
9.3 If the client is entrepreneur, the registered place of business of Frischmann-Marzipan is the place of execution and exclusive jurisdiction. Frischmann-Marzipan may choose to sue at the common jurisdiction of the client.
9.4 These conditions of use remain binding in all other parts, if some parts are not rightfully effective.
