General Terms and Conditions (GTC)
1. Scope of Application
These General Terms and Conditions (GTC) apply to all orders placed via our online shop. Our online shop is intended exclusively for consumers.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. An entrepreneur is a natural or legal person or a legally capable partnership who, when entering into a legal transaction, acts in the course of their trade, business, or profession.
2. Contracting Party, Formation of Contract, Correction of Input Errors
The contract is concluded with:
Brammibal’s Donuts GmbH
Boxhagener Straße 78
10245 Berlin
Germany
The presentation of products in our online shop does not constitute a legally binding offer but an invitation to treat.
You may place products in the shopping basket without obligation and review and correct your entries at any time before submitting your binding order by using the correction facilities provided during the checkout process.
By clicking the order button, you submit a binding offer to enter into a purchase contract for the goods contained in the shopping basket. The contract is formed once we accept your offer by sending you a confirmation email, such as an order confirmation or dispatch confirmation.
3. Contract Language and Storage of Contract Text
The languages available for concluding the contract are German and English.
We do not store the contract text. However, the order details and these Terms and Conditions will be sent to you by email and may be saved or printed for your records.
4. Delivery Conditions
In addition to the stated product prices, shipping costs may apply. Further information regarding delivery areas, delivery times, and any applicable shipping costs can be found on the “Shipping Costs” page.
5. Payment
The following payment methods are generally available in our online shop:
5.1 Credit Card
By placing an order, you provide your credit card details. Your card will be charged immediately upon submission of the order.
5.2 PayPal
To pay via PayPal, you must be registered with PayPal, authenticate yourself using your login details, and confirm the payment. The payment transaction is carried out by PayPal immediately after the order is placed.
5.3 SOFORT (Klarna)
By using the “SOFORT” payment method, we receive immediate confirmation of payment and can begin fulfilling our contractual obligations without delay.
5.4 Apple Pay
If you choose Apple Pay as your payment method, payment will be processed using the payment method stored in your Apple Wallet in accordance with Apple’s terms and conditions.
6. Retention of Title
The goods remain our property until full payment has been received.
7. Transport Damage
If goods are delivered with obvious transport damage, please report such damage to the delivery carrier immediately where possible and contact us without delay. Failure to do so does not affect your statutory rights, in particular your warranty rights. However, it helps us to assert any claims against the carrier or transport insurer.
8. Warranty and Guarantees
8.1 Statutory Warranty Rights
Statutory warranty rights apply.
8.2 Guarantees and Customer Service
Information on any additional guarantees and their specific terms can be found on the relevant product pages and on dedicated information pages in the online shop.
9. Liability
We shall be liable without limitation for damages caused by us, our legal representatives, or agents:
– in the event of death or personal injury,
– in cases of intent or gross negligence,
– where a guarantee has been given, or
– where liability arises under the German Product Liability Act.
In the event of a breach of essential contractual obligations (cardinal obligations), the fulfilment of which is essential to the proper performance of the contract and on which the customer may reasonably rely, our liability for slight negligence shall be limited to the foreseeable damage typically arising at the time the contract was concluded.
Any further liability for damages is excluded.
10. Right of Withdrawal
10.1 Right of Withdrawal for Merchandise Items
You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period shall be fourteen days from the day on which you, or a third party designated by you (other than the carrier), acquired physical possession of the last item.
To exercise your right of withdrawal, you must inform us (Brammibal’s Donuts GmbH, Boxhagener Straße 78, 10245 Berlin, Germany, hello@brammibalsdonuts.com) of your decision to withdraw from this contract by means of a clear statement (e.g. by post or email). You may use the model withdrawal form below, but this is not obligatory.
To comply with the withdrawal deadline, it is sufficient for you to send your notification before the withdrawal period has expired.
10.2 Effects of Withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, excluding delivery costs and any additional costs arising from your choice of a delivery method other than the least expensive standard delivery offered by us, without undue delay and in any event no later than fourteen days from the day on which we receive notice of your withdrawal.
Refunds will be made using the same means of payment used for the original transaction, unless expressly agreed otherwise. We may withhold reimbursement until we have received the returned goods or you have supplied evidence that the goods have been returned, whichever occurs first.
You must return the goods to us without undue delay and no later than fourteen days from the day on which you notified us of your withdrawal. The deadline is met if the goods are sent before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods. You are only liable for any reduction in value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods.
10.3 Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are liable to deteriorate or expire rapidly, in particular fresh food products.
11. Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract.)
– Brammibal’s Donuts GmbH, Boxhagener Straße 78, 10245 Berlin, Germany, hello@brammibalsdonuts.com
– I/We () hereby give notice that I/We () withdraw from my/our () contract for the purchase of the following goods ()
– Ordered on () / received on ()
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if submitted on paper)
– Date
(*) Delete as appropriate.
12. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR). We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.