Terms of service

A.    General Terms and Conditions

1. scope of application

1.1 The following General Terms and Conditions (GTC) apply to all contracts between ANNE'S TABLE e.K., Annette Herkströter, Saarland University, Campus Starterzentrum, Geb. A1 1, 66123 Saarbrücken (hereinafter referred to as "Seller") and consumers and entrepreneurs (hereinafter referred to as "Customers") with regard to the goods offered by the Seller in the online shop annes-table.de. The customer's terms and conditions do not become part of the contract, even if the seller is silent or does not expressly object to any inclusion declared by the customer.

1.2 A consumer is any natural person who enters into a legal transaction for a purpose that is neither commercial nor their independent professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.

2. offer and conclusion of contract

2.1 The products presented in the online shop do not represent a legally binding offer, but are an invitation to order.
2.2 The customer submits the offer to conclude a purchase contract by means of the order form integrated in the online shop at the end of the specified order process. For this purpose, the customer must place the desired article in the "Warenkorb†œ, the further order process is carried out by clicking on the button "Checkout". By clicking on the button "Order with costs" on the order overview page, the customer submits a legally binding offer with regard to the purchase of the items in the shopping cart at the price indicated plus other price components, e.g. shipping costs. All price components and the total order value are displayed to the customer in the order overview.
2.3 In order to be able to order with costs, the customer must have previously accepted the General Terms and Conditions.
2.4 Confirmation of receipt of the order is sent by automated e-mail immediately after the order is sent. With the confirmation e-mail the order is accepted by the seller and a sales contract is concluded.
2.5 If the customer selects "Sofortüberweisung", "PayPal" or "Credit Card" as payment method, the customer is redirected to the page of the respective payment provider before completing the order. Subsequently, the customer must click on the button "order with costs" on the page annes-table.de to place a binding order.

3. right of withdrawal seller

The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a concrete hedging transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

4. prices and shipping costs

4.1 The prices stated in the online shop include the statutory value added tax.
4.2 Additional shipping costs will be indicated separately.
4.3 From an order value of 49.00 €, delivery is free of shipping costs.
If the order value falls below 49.00 € after revocation of a part of the order, the exemption from the shipping costs shall not apply.

5. terms of payment

5.1 The purchase price is due upon receipt of the declaration of acceptance of the purchase contract of the seller.
5.2 The seller offers the following payment option: Prepayment transfer, purchase on account, electronic direct debit (Germany and Austria, processing via the external partner Klarna.
5.6), PayPal, immediate bank transfer (only Germany, Austria, Switzerland, Netherlands, Belgium), cash on delivery or credit card.
5.3 If the payment method prepayment is selected, the bank details will be given in the order confirmation.
5.4 In the case of prepayment by bank transfer, electronic direct debit, PayPal, immediate transfer and payment by credit card, the goods will only be dispatched after receipt of payment.
5.5 Payment by invoice and payment by cash on delivery: the goods will be dispatched on the working day following the order.
5.6 In cooperation with Klarna Bank AB (publ) , Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:

    Invoice: The payment period is [14] days from the date of dispatch of the goods/tickets/ or, in case of other services, from the date of provision of the service. The complete invoice conditions for the countries where this payment method is available can be found here: Germany , Finland , Great Britain , Netherlands , Norway , Austria , Sweden .
    Direct Debit: Available in Germany, and Austria. The direct debit is made after the goods have been shipped. You will be informed of the time by e-mail.

The use of the payment methods invoice and direct debit requires a positive credit check. In this respect, we will forward your data to Klarna for the purpose of address and creditworthiness checks in the context of initiating and processing the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna's terms of use can be found here . General information about Klarna can be found here . Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information provided in Klarna's privacy policy.

6. delivery

6.1 The delivery time is 2-3 working days. Possibly deviating delivery times are indicated on the respective product page.
6.2 If partial deliveries are arranged by the seller, the customer pays the shipping costs only once. If, on the other hand, the customer expressly requests delivery in parts, the seller will charge the shipping costs for each partial delivery.

7. return costs when exercising the right of withdrawal

If the customer makes use of his right of revocation, the regular costs of the return shipment will be charged to him, unless the delivered goods do not correspond to the ordered ones.

8. warranty

For consumers the legal warranty regulations apply.
For entrepreneurs: The limitation period for claims for defects of the goods is one year from the transfer of risk. The statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected, the same applies in the case of an intentional or grossly negligent breach of duty by the seller and in the case of fraudulent concealment of a defect.

9. reservation of ownership

9.1 The following applies to consumers: Until full payment has been received, the goods remain the property of the seller.
9.2 The following applies to entrepreneurs: Until full payment of the goods, they remain the property of the seller. Furthermore, the seller retains ownership until all his claims arising from the business relationship with the customer have been met.
The customer may neither pledge nor assign by way of security objects under reservation of title. The customer may resell the goods in the ordinary course of business under the condition that the customer has effectively assigned to the seller his claims against his customers in connection with the resale and that the customer sells the goods to his customer under retention of title. By concluding the contract, the customer assigns by way of security his claims against his customers in connection with such sales to the seller, who simultaneously accepts this assignment.

10. right of set-off and retention

For entrepreneurs:
The customer is only entitled to offsetting if the counterclaim is undisputed, legally established or recognised by the seller. A right of retention can only be exercised by the customer if it concerns claims from the same contractual relationship.
10. applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the contracting parties, excluding the UN Convention on Contracts for the International Sale of Goods. In relation to consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

11th legal venue

The following applies to entrepreneurs: If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or if his place of residence or usual abode is not known at the time the action is filed. The right to also call upon the court at another legal place of jurisdiction remains unaffected by this.

B. Customer information/right of revocation

I.
Right of withdrawal

You have the right to revoke this contract within fourteen days without giving reasons.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took or has taken possession of the last goods.

In order to exercise your right of revocation, you must inform us (Anne's Table e.K., Annette Herkströter, Universität des Saarlandes, Campus Starterzentrum, Geb. A1 1, 66123 Saarbrücken, info@annes-table.de, telephone: 0681-37201000, fax: (0681) 37 20 1009) by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You may use the attached model revocation form, which is not mandatory.

In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of revocation

If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this refund. We may refuse to make a refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without delay and in any event within fourteen days at the latest from the date on which you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods. You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing the condition, properties and functionality of the goods.

END OF THE REVOCATION INSTRUCTION
Sample revocation form

(If you want to cancel the contract, please fill out this form and send it back).

- To Anne's Table e.K., Annette Herkströter, Saarland University, Campus Starterzentrum,
  Building A1 1, 66123 Saarbrücken, info@annes-table.de

- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the
  the following goods (*)/the provision of the following service (*)

- Ordered on (*)/received on (*)

- Name of the consumer(s)
- Address of the consumer(s)

- Signature of the consumer(s) (only in case of communication on paper)

- Date

(*) Delete as applicable.

Exclusion or premature expiration of the right of withdrawal

The right of withdrawal does not apply to contracts
- for the supply of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
The right of withdrawal expires prematurely in the case of contracts
- for the delivery of goods which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery.

II.
Customer information

1. identity of the seller

Anne's Table e. K.
Annette Herkströter

University of the Saarland
Campus Starterzentrum, Building A1 1
66123 Saarbrücken
 
Phone: (0681) 37 20 1000
Fax: (0681) 37 20 1009

e-mail: info@annes-table.de

Local court Saarbrücken
HRA 11070
VAT ID: DE814876602

2. essential characteristics of the goods/services

The essential characteristics of the goods/services can be found in the product descriptions. In the shopping cart and on the order page, the goods to which the sales contract refers are listed again.

3. conclusion of the contract

Item 2. of the General Terms and Conditions of Business declares the conclusion of the contract.

4. Technical steps leading to the conclusion of the contract

4.1 On the overview and product detail pages, the customer can select the respective product for ordering by clicking on the button "in the Warenkorb†œ Once the customer has added the desired goods to the shopping cart, he can view them in the shopping cart.

From the "shopping cart" page, the customer can proceed to the next step of the order process by clicking on the button "Continue to next step". The customer then has the option of logging into his customer account with his user name and password, if this already exists. Alternatively, the customer can now open a customer account or continue with the order as a guest without opening a customer account. After entering the personal data and selecting the shipping and payment method, the customer is taken to the order overview. On the order overview page, the customer is again shown the ordered goods and the final price including shipping costs.

It is possible to place an order if the customer confirms that he accepts the General Terms and Conditions of Business by clicking on the corresponding boxes.

By clicking on the button "order with costs" the customer makes a binding contract declaration.

4.2 If the payment option "PayPal" is selected, the customer will be redirected to the "PayPal" page before clicking the button "order with costs". Once the payment order has been made, the customer is redirected back to the shop page.

4.3 If the payment option "Sofortüberweisung" is selected, the customer is redirected to the page of SOFORT AG, Fußbergstraße 1, 82131 Gauting, Germany, after clicking the button "kostenpflichtig bestellen". Once the payment order has been made, the customer is redirected back to the shop page.

4.4 If the payment option "credit card" is selected, the customer will be redirected to the page of the respective credit card provider after clicking the button "order liable to pay costs". Once the payment order has been made, the customer will be redirected back to the shop page.

4.5 Acceptance of the Customer's contractual offer by the Seller is subject to the provisions of Section 2 of the Seller's General Terms and Conditions (see above).

5. recognition and correction of input errors before the contract declaration is submitted

On the "shopping cart" page, the customer is shown the number and price of the goods placed in the shopping cart. Before submitting the binding order, the customer has the possibility to change the number of ordered goods or to delete the goods from the shopping cart by clicking on the field indicating the order quantity and or by clicking on the "Remove" field.

The customer must then click on the "Update shopping cart" button so that his changes are saved.

6. storage of the contract text, access to the contract text

After conclusion of the contract, the text of the contract is stored by the seller. The contract text is also sent to the customer by e-mail at the latest when the offer is accepted. If the customer has created a customer account before placing his order, the contract text can be accessed by the customer free of charge via his password-protected customer account by entering the corresponding login data.

7. contract language

Contract language is German.

Status 01. March 2020