General Terms and Conditions

The presentation of products in the online shop does not constitute a legally binding offer to conclude a purchase contract, but rather a non-binding online catalog.
The offer in the online shop is aimed exclusively at end users and is only for private use and in household quantities. This also applies if the usual household quantity is exceeded by placing several orders, even though the individual orders represent a household quantity in themselves.

Orders and conclusion of the contract are made in German.

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1.2. Conclusion of contract

By clicking on the button "Order now for a fee", you place a legally binding order for the goods contained in the shopping cart. The automatic confirmation of receipt merely documents that the customer's order has been received in the online shop and does not constitute acceptance of the application. The contract is only concluded when the seller submits the declaration of acceptance, which is usually sent within three working days with a separate email (shipping confirmation/invoice) or - if the delivery takes place earlier than the usual expected receipt of the order confirmation - with delivery of the ordered goods. If the delivery of products you have ordered is not possible, for example because the corresponding product is not in stock, you will be informed of this by email. In this case, no contract for this product is concluded. Any consideration already received will be refunded immediately.

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1.3. Delivery and shipping costs

Delivery takes place exclusively within Germany.

Unless otherwise stated, the delivery period from the order to delivery to the logistics company for goods in stock is one to five working days.

Delivery takes place to the delivery address in Germany specified by the customer. If the delivery address was not specified correctly and the delivery could not be made as a result, the customer bears the costs of the unsuccessful delivery.

It is permissible to split an order into several partial deliveries unless the customer clearly has no interest in doing so or it is clearly unreasonable for him to do so.

“The delivery costs per delivery are a flat rate of 6.90 euros for goods worth less than 15 euros, and a flat rate of 4.90 euros for goods worth more than 15 euros"

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1.4. Terms of payment

The purchase price is due immediately upon conclusion of the contract.

The purchase price can be paid either by PayPal, SOFORT transfer, credit card or other payment methods specified when ordering.

Refunds are always made to the account specified by the customer when ordering. If payment is made on account, the respective invoice will be cancelled or the amount will be adjusted by us according to the credit note. Orders paid using the “Paypal” payment method will be refunded to the associated PayPal account.

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II. Ordering the obergudt box

 

2.1. obergudt box

The obergudt box is an individually compiled box that contains regularly changing products from the food and other related areas. The sorting is personalized for each customer and put together in varies at regular intervals.

 

2.2. Request for quotation

You can request an offer for the sending of a mixed box at a certain price at www.obergudt.com by clicking on the “Let’s go” or “Try it now” button. You then have the option of specifying personal preferences, exceptions, desired categories and other data for the compilation of an individual sorting. At the end of the query, you will be asked to enter your data, in particular name, email address and zip code.

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Your entered data will be forwarded to us after you have sent the request for quotation and managed by us. You will receive a proposal from us for the one-time delivery of an individually mixed obergudt box. The contract for the delivery is only concluded when the customer sends the order confirmation for the offer. The contract language is German.

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All information on goods, sorting and prices before the contract is concluded is subject to change and non-binding. Product  Images do not always have to match the appearance of the products delivered. In particular, changes in the appearance and features of the products may occur after the manufacturers renew their range. Claims for defects do not exist in this regard as long as the changes are reasonable for the customer.

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2.3. Sending the offer

By ordering an obergudt box, you have the opportunity to receive regular offers by email for the delivery of an individually mixed box for an unlimited period of time. You can object to the sending of offers at any time without any formalities.

The offer is valid until the expiry date stated in the respective email.

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2.4. Conclusion of the contract

A contract for delivery is only concluded when you send us a confirmation of your order for the combination stated in the offer by email, telephone or post by the expiry date stated in the offer. The date of receipt by the seller applies for postal acceptance.

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2.5. Contents and delivery

Unless otherwise stated, the delivery period from the time of ordering to delivery to the logistics company is one to five working days.

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The composition of the contents of each box changes at regular intervals. Delivery is made to a pick-up location (“Pickup Store”) selected by the customer from the list of available pick-up locations, which can always be viewed at www.obergudt.com. The customer has no right to receive certain items from certain manufacturers or producers unless this has been expressly agreed in writing.

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The contents of an obergudt box are put together in such a way that the value of the contents, as measured by the average end consumer prices on www.obergudt.com including shipping, is higher than the pro rata price for an individual box based on the total duration of the box deliveries.

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The delivery of the obergudt box to the pickup store selected by the customer is free of shipping costs.

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2.6. Payment terms

Payment for the obergudt Box is made by SEPA direct debit. By completing the order, you confirm that obergudt UG (limited liability) may debit any costs incurred from your account until cancellation and that your account details may be stored on a secure server of our payment service provider for this purpose.

We will collect the total amount of all orders from the account you have specified within 30 days of delivery.

Please note that we can only collect payments from accounts within the European Union (EU). Under no circumstances will we cover the costs of a money transaction.

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III. General rules for online purchases and ordering the obergudt Box

3.1. Customer communication

The customer will receive all contract terms, invoices and these terms and conditions by

email. Terms and conditions, cancellation policy and data protection declaration can also be viewed on the homepage.

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Further correspondence after an order is placed is primarily by email, in unencrypted and unsigned form by the seller.

The seller's email address is: info@obergudt.com.

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The customer ensures that the email address provided by him when placing an order or in the customer account is valid and accessible. The customer undertakes to check the email address regularly and to check the spam folder. If the email address provided becomes invalid, the customer is obliged to provide a new, current email address immediately.

3.2. Legal right of withdrawal for consumers

3.2.1. Preliminary remark

Customers who are consumers have a legal right of withdrawal. Consumers are all natural persons whose orders in the online shop cannot be attributed predominantly to their commercial or independent professional activity.

3.2.2. Cancellation policy

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods (in the case of separate deliveries: the last goods). To exercise your right of cancellation, you must inform

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obergudt GmbH

Liegnitzer Straße 15

10999 Berlin

E-mail: info@obergudt.com

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by means of a clear declaration (e.g. a letter sent by post, fax, e-mail or by telephone) of your decision to cancel this contract. The declaration can be made informally; you can use the sample cancellation form attached in the appendix, but this is not mandatory.

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To meet the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the cancellation period has expired.

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3.2.3. Consequences of cancellation

If you cancel your contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract.

For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.

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We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.

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You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notified us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. The customer bears the direct costs of returning the goods.

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You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

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3.2.4. Exceptions to the right of withdrawal

The right of withdrawal does not apply to contracts for the delivery of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer; or which can spoil quickly or whose expiration date would be quickly exceeded; or which have been sealed and are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery; or which have been inseparably mixed with other goods after delivery due to their nature; or contracts for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which cannot be delivered until 30 days after conclusion of the contract at the earliest and whose current value depends on fluctuations in the market over which the entrepreneur has no influence; or delivery of food and beverages and the provision of other services related to leisure activities, if the contract stipulates a specific date or period for the provision.

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If a customer cancels an order for only part of the goods ordered (partial cancellation), we will reimburse him for the payments for the goods covered by the cancellation, including delivery costs. However, if and to the extent that delivery costs would have been incurred if only the goods for which the customer does not cancel the contract had been ordered, the corresponding delivery costs are excluded from reimbursement. If vouchers were redeemed when ordering for which cash payment was excluded, we will not refund the cash value, but will issue a voucher for the corresponding amount.

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If the customer exercises his statutory right of cancellation, he will bear the direct costs of returning the goods.

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3.3. Information on online dispute resolution

The EU Commission has created an internet platform for online dispute resolution (so-called "OS platform"). The OS platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. You can reach the OS platform at the following link: http:// ec.europa.eu/consumers/odr/

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3.4. Liability and warranty

The statutory provisions on warranty apply.

The seller is only liable for simple negligence in the event of a breach of obligations that are so essential that a breach endangers the purpose of the contract and the customer can regularly rely on their compliance (so-called cardinal obligation). Liability is also limited to the typical damage that was foreseeable for the seller at the time the contract was concluded. These limitations of liability apply accordingly in favor of the seller's legal representatives and vicarious agents.

Deviating from this, liability is unlimited in the case of personal injury and fraudulent conduct, as well as in the case of violations of a guarantee given by the seller. Claims under the Product Liability Act remain equally unaffected.

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3.5. Final provisions

The customer only has the right to offset if his counterclaims have been legally established or recognized by us. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship. Should​ a provision of these terms and conditions is invalid in whole or in part, this does not affect the validity of the remaining provisions. The invalid provision is replaced by the relevant statutory provision. Deviating terms and conditions of the customer do not apply, even if they are not expressly contradicted.

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Unless the law states otherwise, the place of performance and place of payment is the seller's place of business.

The law of the Federal Republic of Germany applies to all orders, unless special consumer protection regulations in the customer's home country are more favorable.

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If you do not have a general place of jurisdiction in Germany or in another EU member state, or if you have moved your permanent residence abroad after ordering, or if your place of residence or habitual abode is not known at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from this contract is Berlin.

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Status: March 20, 2021

Appendix: Sample cancellation form

If you want to cancel the contract with obergudt GmbH, you can fill out this template and send it to the following

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address:

obergudt GmbH
Liegnitzer Straße 15
10999 Berlin

E-mail: info@obergudt.com

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or notify us of your cancellation by phone at Tel.: +49 30 437 398 52.

I/we hereby revoke the contract concluded by me/us for the purchase of the following goods:

..............................................................................

..............................................................................

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(Name and quantity of goods, if applicable order number and price)

Goods ordered on:

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(Date)

Goods received on:

..............................

(Date)

Name and address of the consumer:

.....................................................................................

.....................................................................................

.....................................................................................

Date ................................................

Customer signature .................................................. (only in the case of written revocation)