GENERAL TERMS AND CONDITIONS

1. general:

(1) These terms and conditions apply to all contracts, deliveries and other services of the company Die Einmacherei, owner Monika Schuster, Birkerstraße 7, 80636 Munich (hereinafter: "Seller") to its customers. Deviating provisions of the customers shall not apply unless the Seller has expressly confirmed this in writing.
(2) The contractual language shall be German. The business relationship between the Seller and the Customer shall be governed by the laws of the Federal Republic of Germany. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn. The application of UN sales law is excluded.
(3) Agreements made with the customer in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these Terms and Conditions.
(4) The place of jurisdiction shall be Munich if the customer is a merchant, a legal entity under public law or a special fund under public law. The same applies if a customer does not have a general place of jurisdiction in Germany or if the place of residence or habitual abode is not known at the time the action is brought.
(5) Customers who are consumers have the option of using an alternative dispute resolution. The following link of the EU Commission (also known as the ODR platform) contains information on online dispute resolution and serves as a central point of contact for the out-of-court settlement of disputes arising from online sales contracts: https://ec.europa.eu/consumers/odr. (6) Duty to provide information in accordance with the Consumer Dispute Settlement Act (§ 36 VSBG): The seller is neither willing nor obliged to participate in further dispute resolution proceedings before a consumer arbitration board.

2. contract contents and conclusion of contract:

(1) The seller sells and delivers various products, in particular soups, stews and sauces made by herself, as well as main dishes and sweets in preserving jars. The Seller's offer is aimed exclusively at customers in the Federal Republic of Germany. On the website www.die- einmacherei.de, the seller informs interested customers about her range and provides various information about the product range and delivery options. However, it is not possible to order the products directly via the website.
(2) Customers can request an order for the products by telephone, e-mail or phone. Upon receipt of such a request, the Seller shall check the availability of the individual goods and submit a separate offer to the Customer by e-mail. With this offer, the customer receives these General Terms and Conditions and the cancellation policy. The seller shall be bound by the offer for a period of 1 week after submission. In individual cases, a longer binding period may be agreed. A contract shall only be concluded when the Customer accepts this offer.

3. Prices, VAT and payment:

(1) Unless the prices are agreed in an individual contract, the Seller's current price list at the time of conclusion of the contract shall apply. All prices include VAT and do not include shipping and packaging costs, which will be communicated to the customer before the order is placed. An overview of the shipping costs is published on the Seller's website.
(2) The Seller shall deliver to the Customer against advance payment by bank transfer or by cash payment on collection. In the case of advance payment by bank transfer, payment shall be due no later than 7 calendar days after conclusion of the contract. If a Customer defaults on his payment obligations, the Seller may demand compensation in accordance with the statutory provisions.
(3) The Seller shall always issue an invoice to the Customer, which shall be sent to him with the order confirmation by e-mail or with the delivery of the goods.

4. Delivery and transfer of risk:

(1) Unless otherwise contractually agreed, the ordered dishes shall be delivered to the address specified by the Customer. Delivery shall be made exclusively to addresses within the Federal Republic of Germany. Delivery shall be made from the Seller's kitchen.
(2) The dishes shall be cooked and packaged weekly in the Seller's kitchen. Unless otherwise specified, the delivery period shall be 14 calendar days from conclusion of the contract (in the case of advance payment by bank transfer: 14 calendar days from receipt of payment).
(3) The risk of accidental loss and accidental deterioration of the goods shall pass to the Customer at the latest upon handover. If the Customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall already pass upon delivery of the goods to the forwarding agent, the carrier or the person otherwise designated to carry out the shipment.

5. Retention of title, rights of retention:

(1) The delivered goods shall remain the property of the seller until all claims arising from the contract have been fulfilled; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond this from the ongoing business relationship until all claims to which the seller is entitled in connection with the contract have been settled.
(2) The Customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by the Seller. In the event of defects in the delivery, the Customer's counter rights shall remain unaffected, in particular his right to retain a reasonable part of the purchase price in proportion to the defect. In addition, the Customer shall be authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

6. Warranty and liability:

(1) The Seller shall be liable for material defects and defects of title in accordance with the statutory provisions.
(2) Outside of liability for material defects and defects of title, the Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence. He shall also be liable for the slightly negligent breach of material obligations (obligations whose breach jeopardizes the achievement of the purpose of the contract) and for the breach of cardinal obligations (obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the customer regularly relies), but in each case only for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than the above obligations
(3) The limitations of liability of the above paragraph shall not apply in the event of injury to life, limb and health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
(4) If the Seller's liability is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.

7. Attention to transport damage:

(1) If goods are delivered with obvious damage to the packaging or contents, the Customer shall, without prejudice to his warranty rights, immediately complain to the carrier/freight service and immediately contact the Seller by e-mail or otherwise (fax/mail) so that the Seller can protect any rights against the carrier/freight service.
(2) The Customer shall notify the Seller of hidden defects - also without prejudice to any warranty rights - after discovery so that any warranty claims against third parties can be safeguarded

8. Data protection The Seller collects, processes and uses personal data in accordance with its data protection declaration and the statutory provisions on data protection. Status: 2023