General Business Terms
For the business relations between Pillow Cake Ltd. &. Co. KG, Kurfürstendamm 36, 10719 Berlin (hereinafter: “Pillow Cake”) and customers, the following General Terms & Conditions (hereinafter: “GTC”) apply exclusively and in the version valid at the time of the customer’s order. These GTC thus apply in particular to contracts for merchandise from the Pillow Cake online shop. Individual agreements remain unaffected. A consumer is every natural person who does not conclude a legal transaction for a purpose which can be attributed primarily to the person’s commercial or occupational activity. Contractors in terms of these terms and conditions are natural persons, legal entities or partnerships with legal capacity with whom we enter into business relations, who carry out commercial or self-employed activities.
2. Conclusion of the contract
The offers in the Pillow Cake online shop represent a non-binding invitation to the customer. Upon placing an order in the online shop, the customer submits a binding offer to enter into a sales contract on the basis of these GTC. Receipt of the order will be confirmed by Pillow Cake without delay; the GTC will also be attached to this order confirmation. This automatically generated order confirmation simultaneously represents the order confirmation on the part of Pillow Cake. The purchase agreement becomes effective with the receipt of this order confirmation. The text of the contract (including these GTC) can also be printed out or saved by the customer. The contractual partner of the customer is Pillow Cake Ltd. & Co. KG.
3. Information on the rights of cancellation for customers as part of distance contracts
3.1 Rights of cancellation
You have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day you, or a third party named by you other than the carrier have or has taken ownership of the merchandise. In order to make use of your right of cancellation, you must inform us at
Pillow Cake Ltd. & Co. KG, Kurfürstendamm 36, 10719 Berlin, Germany
Fax: +49 (0) 30 886 70 968, Email: email@example.com
by means of a clear declaration (e.g. a letter sent by post, fax or email) regarding your decision to cancel this contract. For this, you may, but are not obliged to, use the attached example form. In order to comply with the deadline, it is sufficient for you to dispatch the notification of the use of your rights of cancellation before the cancellation deadline.
3.2 Consequences of cancellation
If you cancel this contract, we are obliged to repay all payments received by you, including delivery costs (excluding the additional costs resulting from a type of delivery specified by you which differs from the inexpensive, standard type of delivery offered by us), without delay and at the latest within fourteen days from the day on which we receive notification of your cancellation of this contract. For this repayment, we shall use the same method of payment used by you in the original transaction, unless we have expressly agreed differently; in no event shall you be charged fees on the grounds of this repayment. We have the right to refuse repayment until we have received the returned merchandise or until you have provided evidence that you have dispatched the merchandise, depending on which is earliest. You must send or hand over the merchandise without delay and at the latest within fourteen days from the day on which you notified us of the cancellation of this contract. The deadline has been kept if you send the merchandise before the fourteen-day deadline expires. You shall bear the direct costs of the return of the merchandise. You shall only be liable for any diminished value of the merchandise if this diminished value can be traced back to an inspection of the goods’ quality, properties and function on your part without damage to the merchandise.
End of the information on the rights of cancellation
3.3 In accordance with Article 312 g German Civil code (BGB), the statutory right to cancellation does not, inter alia, exist for the following contracts:
- Contracts for the delivery of goods that are not prefabricated and for whose manufacture an individual selection or customer requirement is decisive or whose manufacture is clearly adjusted to the personal requirements of the customer,
- Contracts for the delivery of perishable goods, or whose expiry date is quickly exceeded,
- Contracts for the delivery of sealed goods that are not suitable for return due to health protection or hygiene reasons, if they have been unsealed following delivery,
- Contracts for the delivery of goods, if these have been inseparably combined with other goods due to their characteristics following delivery,
- Contracts for the delivery of alcoholic beverages whose price was agreed on conclusion of the contract, but which can be delivered 30 days after contract conclusion at the earliest and whose actual value is dependent on market fluctuations on which the company has no influence,
- Contracts for the delivery of sound and video recordings or computer software in sealed packaging, if the seal was removed following delivery,
- Contracts for the delivery of newspapers, journals or magazines, with the exception of subscription contracts,
- Contracts for the delivery of goods or the provision of services, including financial services, whose price is dependent on market fluctuations on which the company has no influence and which can occur within the period of cancellation, in particular services with regard to stocks, shares in open investment funds as per Article 1 Section 4 of the German Capital Investment Code (Kapitalanlagegesetzbuch) and other marketable securities, currencies, derivatives or money market instruments,
- subject to clause 2, contracts for the delivery of services in the areas of lodging for purposes other than living purposes, transport of goods, vehicle rental, delivery of food and beverages as well as the provision of other services in connection with leisure activities, if the contract specifies a particular date or timeframe for the service,
- Contracts concluded as part of a marketing form in which the company offers goods or services to the customers who attend or are given the possibility to attend, through a competitive bidding procedure run by an auctioneer and where the highest bidder is bound to purchase the goods or services (public auction),
- Contracts for which the customer has expressly invited the contractor to visit him in order to carry out urgent repair or maintenance services; this does not apply to other services carried out during the visit, which the customer did not expressly request, or with regard to goods delivered during such a visit, which were not urgently required as replacement parts for repair or maintenance,
- Contracts to provide gambling and lottery services, unless the customer has submitted their contractual declaration by telephone or unless the contract was concluded outside the business premises, and
- notarized contracts; this only applies to distance contracts for financial services if the notary confirms that the rights of the consumer as per Article 312d Section 2 have been preserved.
4. Cancellation due to non-availability
Pillow Cake is entitled to cancel the contract if the ordered merchandise is not available without Pillow Cake being at fault. In this event, Pillow Cake will inform the customer without delay about the non-availability and will reimburse any consideration of the buyer immediately.
5. Delivery charges, delivery and transfer of risk
All quoted prices include all taxes and other price components. In addition, costs of delivery and forwarding expenses occur, which are separately listed as part of the concrete offer.
If the buyer is the consumer, the risk of accidental loss or impairment of sold merchandise is only transferred to the customer when the merchandise is handed over; if the buyer is a merchant, this risk is already transferred to the buyer when the merchandise is handed over to the forwarding agent, the carrier or other persons charged with the dispatch. The handover is the same if the buyer is in default of acceptance.
The buyer shall bear any customs duties and national taxes and levies with regard to the purchase and the delivery of goods to a country outside the Federal Republic of Germany. They are obliged to contact the local customs office for the relevant information. It is also the responsibility of the buyer to ensure compliance with import regulations.
The buyer must submit all documents necessary for customs clearance. By submitting the necessary documents, they confirm that all declarations and export and import information is true and accurate. The buyer is aware that false declarations and those made fraudulently can result in civil and penal consequences, including seizure and sale of the goods. Pillow Cake shall contract the customs agent with the customs processing upon the transferal of the shipment to the courier. Pillow Cake shall furthermore be used as the nominal recipient for the purposes of contracting a customs agent for the processing of the customs formalities.
Pillow Cake shall invoice customs penalties, warehousing charges and other costs that may arise as a result of dealings with the customs officials or due to the non-presentation of the required export documents, licenses or permits on the part of the customer or the recipient to the recipient as necessary with customs fees, taxes and/or duties. If the buyer does not immediately meet their payment obligations, the customer shall bear the previously indicated costs. The tariff fees for customs processing shall apply in accordance with the Pillow Cake price list.
7. Terms of delivery
Delivery shall only be made to the delivery address provided by the buyer upon ordering. Delivery to a post office box will not be made. Pillow Cake retains the right to choose another logistics partner. The merchandise shall be shipped within 48 hours of receipt of the order. To the extent that merchandise is not in our warehouse, this shall be noted on our Internet page next to the merchandise description. A guarantee will not be assumed with regard to the shipping or delivery deadlines. Pillow Cake does not have any influence on delays in delivery during shipment.
8. Payment, delays in payment, default in acceptance
Pillow Cake shall deliver against pre-payment or cash-on-delivery and shall not be obliged to provide preliminary services. Should Pillow Cake deliver against invoice, a delay of payment arises within 30 days at the latest following delivery and receipt of invoice or equivalent payment schedule, resulting in a charge of default interest. In the event of delay, Pillow Cake shall invoice interest in the amount of 5 percentage points above the base interest; 8 percentage points above the base interest for companies. The enforcement of further damages by Pillow Cake remains unaffected.
The guarantee is based on existing legal provisions. Deviations in colour between the colours displayed on the website and the actual coloration of the merchandise may result, inter alia, from the depiction on the buyer’s computer; this does not represent the basis for a claim of defective merchandise. The guarantee deadline shall amount to 2 years and begin upon transferal of the merchandise. To the extent that the order was not placed by a consumer, the guarantee shall be limited to 1 year. The guarantee claims shall initially be limited to supplementary performance. Upon failed supplementary performance, the ordering party is entitled to make legal claims; specifically, they shall have, at their discretion, the right to withdraw from the contract or reduce the purchase price. The guidelines of the product liability act remain unaffected. In business transactions, business buyers shall be required to discharge their obligations of inspection and objection properly in accordance with Articles 377, 378 of the German Commercial Code (Handelsgesetzbuch). For the presentation of a case of guarantee, please contact:
Pillow Cake Ltd. & Co. KG, Kurfürstendamm 36, 10719 Berlin
Fax: +49 (0) 30 886 70 968, E-Mail: firstname.lastname@example.org
In the event of a defect of the delivery or service, the buyer may demand correction of the defect or replacement delivery at their discretion. Should the replacement fail twice, the buyer is entitled to withdraw from the contract or demand a corresponding reduction of the compensation (reduction) and compensation for damages at their discretion.
When the counterclaim of the ordering party, depending on the type and amount, has been acknowledged, is undisputed or determined legally, then the claim may be set against purchase price of Pillow Cake. In the case of commercial transactions, the buyer’s right of retention is excluded with the exception of acknowledged, undisputed or legally determined counterclaims. The cession of demands against Pillow Cake from this contractual relationship is only permissible with their prior written approval.
10. Limitation of liability
Pillow Cake is liable without limitation to the extent that the cause of damages arises from intent or culpable negligence. Furthermore, Pillow Cake shall be liable for infringement of significant obligations resulting from slight negligence, whose infringement endangers the performance of the contractual purpose or the infringement of obligations whose fulfilment is made possible at all by the proper execution of the contract. In this case, Pillow Cake shall however only be liable for the foreseeable damages typical of the contract. In contrast, Pillow Cake shall not be liable for infringement resulting from slight negligence of obligations other than those previously mentioned.
The limitations of liability above shall not apply to injury to life, limb and health, for defect after the acceptance of a guarantee for the properties of the product and for malice. Liability in accordance with the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.
11. Right of retention of ownership, offsetting against counterclaims, right of retention
Until the complete payment of the purchase price has been made, Pillow Cake shall retain the right of ownership for the merchandise supplied. For contracts with companies, Pillow Cake shall retain the right of ownership for the merchandise supplied until the complete settlement of all demands from the ongoing business relationship for contracts with companies.
The buyer is only entitled to the right to offset counterclaims if their counterclaims have been acknowledged as legally determined by Pillow Cake or are undisputed.
Moreover, a right of retention shall be due to the buyer only to the extent that their counterclaims are based on the contractual relationship with Pillow Cake.
12. Data protection
All personal data shall be treated as confidential in principle. To the extent that you have not issued your express consent for further acquisition, processing or use of your data, the following shall apply: Pillow Cake shall only record personal data entered as part of the ordering process in order to be able to execute the purchase contract with you; this includes your name, address, email address and also, to the extent that you have voluntarily provided such information, your company, telephone number, fax number, tax identification number and an alternative delivery address. If you pay using a credit card, your credit card data shall also be recorded. Pillow Cake shall save the data exclusively for the processing and execution of your order and only within the scope of the legal guidelines. The data will subsequently be deleted. The data shall only be transferred to third parties if this is required for the execution of the purchase contract and delivery. For example, the shipping company will receive your data to the extent that knowledge is necessary for the delivery of the merchandise. Your payment data will be transferred to the credit card company for processing credit card payments. Furthermore, your data will not be transferred to third parties. You may request your data stored by Pillow Cake.
Use of Facebook Social Plugins
Our Internet site uses Social Plug-ins (hereinafter “Plug-ins”) by the facebook.com social network, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (hereinafter “Facebook”).
If you open one of the web pages on our Internet site containing such a plug-in, your browser will create a direct connection to the Facebook servers. The content of the plug-in will be transferred directly to your browser from Facebook and integrated into the web page. Because of the integration process, Facebook will receive the information that you have called up the corresponding page of our Internet site. If you have logged into Facebook, Facebook may add your visit to your Facebook account. If you interact with the plug-in, such as clicking the “Like” button or providing a comment, the corresponding information will be transferred directly from your browser to Facebook and saved there.
Please refer to the Facebook data protection notifications to learn the purpose and extent of data acquisition and further processing and use of the data by Facebook as well as their rights and setting options for the protection of your sphere of privacy in this regard. If you do not wish Facebook to collect data about you through our Internet site, you are required to log out of Facebook before opening our Internet site.
Use of the Google +1 buttons
Our Internet site uses the Google+ social network’s +1-buttons by Google Inc., 1600 Amphitheatre Parkway, Mountain View, California, 94043 USA, (hereinafter “Google”).
If you open a sub-page on the www.pillowcake.de website with a +1-button, a connection will be made to the Google servers and the button will be depicted on the Internet site via a message to your browser. This will transfer information about which of our sub-pages you have visited to the Google servers. The +1-button will not be used to record your visits on the Internet. Google will not permanently log your browser history by displaying a +1-button and does not evaluate your visit to a page with a +1-button in any other manner. Google will save data about your visit for system maintenance and error correction purpose for approx. two weeks. However, these data will not be assigned to individual profiles, user names or URLs and will not be transferred to us.
If you are logged into Google Plus and use the +1-buttons, Google will record information about your Google profile, the URLs that you recommend, your IP address and other browser-related information. If you retract your +1, this information will be deleted.
If you have made your profile public using the Google Plus settings, your +1 may be displayed by Google as an indicator together with your profile name and picture in Google services such as in search results, your Google profile or in other places on websites and displays on the Internet. If you do not wish Google to record and use your data in the previously indicated manner, you must log out of Google Plus before your visit to the www.pillowcake.de website.
Please refer to the Google data protection notifications for more information about the acquisition and use of data by Google, about their rights and options for the protection of your sphere of privacy in the data protection on the following page: http://www.google.com/intl/de/+/policy/+1button.html
13. Saving the contractual text
The contractual text is not saved by Pillow Cake and cannot be retrieved after the order process has been concluded. However, you may print out the order details directly after sending.
14. Exclusion of liability for external links
Pillow Cake refers to other pages on the Internet using links on their pages. The following applies to all such links. Pillow Cake expressly declares that they have no influence on the design and content of the linked pages. For that reason, Pillow Cake distances themselves expressly from all content on all third-party linked pages and does not claim ownership of said content. This declaration applies to all links displayed and for all content on the pages to which links have been created.
15. Place of fulfilment, court of jurisdiction, contractual language and applicable law
To the extent that the order party is a businessperson, the exclusive court of jurisdiction shall be Berlin, Germany and the place of fulfilment shall be the location of the seller. All disputes arising from this legal relationship shall be subject to the laws of the Federal Republic of Germany. For consumers, the choice of law shall apply to the extent that the protection provided will not be withdrawn through the mandatory provision of the law of the country where the consumer has their usual residence. The enforcement of the United Nations Convention on Contracts for the International Sale of Goods shall be excluded. The contract language is German.
16. Severability clause
The ineffectiveness or inability to execute individual contractual provisions shall not affect the validity of the remaining provisions. The legal regulations shall take effect in place of a provision that is ineffective or cannot be executed.