General Terms and Conditions

§ 1 – General provisions, scope
The following General Terms and Conditions apply for all purchase contracts between Biback Zwiebackfabrik Sommer GmbH & Co. KG and the Buyer within the Federal Republic of Germany and in the countries of the EU, irrespective of whether the Buyer is a consumer or a company.

§ 2 – Conclusion of the contract
The presentation of the products in our online shop does not constitute a legally binding offer, but rather a non-binding notice of willingness to conclude a contract. With his online order, the Buyer submits a binding offer of purchase.  Biback Zwiebackfabrik Sommer & Co. KG accepts the offer of purchase by confirming receipt of order through transmittal of an automated e-mail.

§ 3 – Delivery and payment of purchase price
1. The delivery is performed by dispatching the ordered goods to the address indicated by the Buyer. Delivery shall be performed only after payment in full of the invoice amount has been booked to the account listed.
2. Payment shall be made by bank transfer of the total amount (purchase price plus shipping costs) to the account of Biback Zwiebackfabrik Sommer GmbH & Co. KG:

Nassauische Sparkasse
IBAN: DE18 5105 0015 0159 0872 20
BIC (SWIFT-Code): NASSDE55XXX

Reason for payment: Invoice No., name, address
The Buyer undertakes to pay the total amount without delay following order placement.

§ 4 – Obligations under the Packaging Act

1. If we apply labels of an area-wide system pursuant to § 3 para. 16 of the German Packaging Act (hereinafter: VerpackG), such as “Der Grüne Punkt” or “Resy”, to the goods/products/packaging purchased from us on behalf of our customer, our customer shall be deemed to be a user of the labeling within the meaning of the VerpackG. As a user of the labelling, our customer must consequently pay the costs directly to the provider of the area-wide system. The responsibility for concluding a contract of use between him and the provider of the comprehensive system lies with our customer.

2. If the customer violates the provisions of the Packaging Act or the provisions of the usage contract concluded with the provider of the comprehensive system and if claims are made against us as a result, our customer shall be obliged to indemnify us against all claims made against us upon first request. This shall also apply in the event that our customer has not concluded a usage agreement with the provider of the area-wide system contrary to the obligation regulated in § 4 number 1 and our claim is made for this reason.

3.a) As a manufacturer of transport packaging, sales packaging, reusable packaging and packaging that does not typically accumulate as waste at private end consumers after use, we are obliged to take back such packaging of the same type, shape and size free of charge at the place of actual handover or in the immediate vicinity of this place. Pursuant to Section 15, Paragraph 1, Sentence 4 of the German Packaging Act (VerpackG), we are, however, entitled to make deviating agreements regarding the place of return and the disposal costs. Against this background, it is agreed between us and our customers that the customer will take back and recycle the packaging at his own expense.

b) If our customer is an intermediary dealer or distributor, he shall be obliged to make agreements with the distributors or end consumers following him (with the exception of private end consumers) on the place of return of the packaging and the disposal costs. If claims are asserted against us due to a breach of these obligations, our customer shall be obliged to indemnify us upon first request against all claims asserted against us.

4. If the goods and products purchased from us are shipped to countries other than the Federal Republic of Germany and if the Packaging Act is consequently not applicable, the above provisions shall not apply. This shall not affect our customer’s obligation to observe the regulations applicable in the other countries. If claims are asserted against us due to a breach of this obligation, our customer shall be obliged to indemnify us upon first request against all claims asserted against us.

§ 5 – Claims in case of defects
1. The goods shall be delivered according to the qualities, dimensions, weights and prices indicated by Biback Zwiebackfabrik Sommer GmbH & Co. KG. Average type and quality are obligatory. Dimensional and quality data do not constitute guarantees.
2. Alterations or deviations in color or non-essential characteristics shall not constitute defects. The Buyer is aware that the presentation of color in the internet can deviate from the actual color. In other respects, the statutory warranty claims apply. If the Buyer is a consumer, he shall be entitled to assert the statutory claims in case of a defect. If the Buyer is not a consumer, the following shall apply: At the discretion of Biback Zwiebackfabrik Sommer & Co. KG, rectification shall be made by elimination of the defect or by new delivery.

§ 6 – Liability for damages and expenses
Biback Zwiebackfabrik Sommer & Co. KG shall bear unlimited liability in cases of willful intent, gross negligence, the absence of a guaranteed quality, for personal injury and pursuant to the German Product Liability Act. In case of minor breach of essential contractual obligations, especially the obligation of timely and defect-free delivery, the liability of Biback Zwiebackfabrik Sommer & Co. KG shall be limited to foreseeable losses typical of the contract. Liability for minor breach of non-essential contractual obligations is excluded. The above provisions apply accordingly to liability for reimbursement of wasted expenditures.

§ 7 – Statute of limitations for defect and compensation claims
If the Buyer is a consumer, the statutory regulations apply. If the Buyer is not a consumer, the following shall apply: The statute of limitations for claims regarding a defect shall be one year. This shall not apply where longer limits are specified. That limit shall also not apply to compensation claims for damages and expenses that relate to compensation for bodily injury or damage to health or are based on willful intent or gross negligence.

§ 8 – Retention of title
The ordered goods shall remain the property of Biback Zwiebackfabrik Sommer GmbH & Co. KG until receipt of payment in full.

§ 9 – Offset, right of retention
The Buyer is entitled to offset only if his counterclaim is undisputed or recognized with final and binding effect. This offset prohibition shall not apply to any counterclaim resulting from a defect concerning the same contractual relationship as the claim asserted by Biback Zwiebackfabrik Sommer & Co. KG. The Buyer shall be entitled to exercise his right of retention only insofar as his counterclaim concerns the same contractual relationship.

§ 10 – Right of withdrawal
If, after conclusion of the contract, a raw material shortage or an incorrect or late delivery occurs, Biback Zwiebackfabrik Sommer & Co. KG shall be entitled to withdraw from the contract. This shall not apply if the incorrect or late delivery occurs through the fault of Biback Zwiebackfabrik Sommer GmbH & Co. KG. The latter undertakes to inform the Buyer without delay and to reimburse immediately any payments already made.

§ 11 – Instructions on withdrawal

A consumer is any natural person who enters into a legal transaction for purposes that cannot be attributed predominantly to his commercial or independent profession activities.

Right of cancellation

You have the right to cancel this contract within 14 days without giving any reason. The cancellation period shall expire 14 days after the day on which you or a third party designated by you, who is not the carrier, takes possession of the goods and/or, in the case of recurrent delivery of similar goods, not before receipt of the first partial delivery.

In order to exercise your right of cancellation, you must inform us

Biback Zwiebackfabrik Sommer GmbH & Co. KG
Rudolf-Diesel-Straße 5
61267 Neu-Anspach/Taunus
E-Mail-Adresse: info[at]sommer-biscuits.de
Tel: 0049 – (0)6081 – 58288 – 50
Fax: 0049 – (0)6081 – 58288-69

of your decision to cancel this contract by means of an unequivocal declaration (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory. The model cancellation form can be found here: Cancellation form 

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Effects of cancellation:

In the event of a valid cancellation, the performance obtained by each Party shall be reinstated along with any benefits drawn (e.g. interest). If you are unable or only partly able to return to us the performance obtained and benefits drawn (e.g. advantages of use), or if they can be returned only in a degraded condition, you must provide us with appropriate value replacement. You shall be liable only for any diminished value of the goods attributable to handling other than handling required to determine the quality, characteristics and function of the goods.

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract. We will execute that reimbursement using the same means of payment that you used for the initial transaction, unless expressly agreed otherwise with you; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the returned goods or until you provide evidence of having sent back the goods, whichever occurs first.

You must send the goods back or hand them over to us without delay and in any case no later than 14 days from the day on which you inform us of your cancellation of this contract. The deadline shall be considered as met if you dispatch the goods before the 14-day period has expired. You must bear the direct cost of returning the goods.

Special note:

The right of cancellation does not apply to the following contracts:

– Contracts for the supply of non-prefabricated goods, the production of which largely depends on an individual selection or determination by the consumer, or ones clearly tailored to the personal requirements of the consumer;
– Contracts for the supply of goods that can spoil rapidly or have a short expiration date.

End of instructions on withdrawal

§ 12 – Instructions concerning EU arbitration/consumer dispute resolution:

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which is accessible under https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN. Our e-mail address is listed in our legal notice. We are neither obliged nor willing to participate in the dispute settlement procedure.

§ 13 – Place of jurisdiction

If the Buyer is a businessperson, a legal person under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from, and in connection with, the contractual relationship shall be the registered office of Biback Zwiebackfabrik Sommer & Co. KG. The same applies in cases where the Buyer has no general place of jurisdiction in Germany, moves his domicile or usual place of residence outside of Germany after conclusion of the contract, or the Buyer’s domicile or usual place of residence is unknown on the date that legal proceedings are instituted. Notwithstanding this, Biback Zwiebackfabrik Sommer & Co. KG shall also be entitled to institute legal proceedings at the registered office of the Buyer.