Terms and Conditions
Terms and Conditions of Sale
of ANNE’S TABLE e.K., Annette Herkströter, St. Johanner Str. 41-43, 66111 Saarbrücken, Germany
County Court Saarbrücken, HRA 11070
1. Scope
For all business contacts with Anne’s Table only these terms and conditions of sale as amended from time to time shall apply unless Anne’s Table expressly agrees to different terms.
2. Contractual Relationship
Your order from Anne’s Table is an offer to conclude a contract. Upon receipt of your order we will send you an order confirmation listing the details of your order. This confirmation does not yet constitute an acceptance of your contract offer. A contract will not be concluded until we have accepted your offer expressly and in writing or until we ship the goods and send you a confirmation of dispatch.
3. Prices, Payment
a. Our prices are inclusive of VAT, postage is to be added.
b. You can pay cash in advance, Credit Card, by PayPal, instant transfer or by cash on delivery. If you choose to pay cash in advance, we will send you our bank details together with the order confirmation.
c. We will send the goods once payment has been received. If you have chosen to pay cash on delivery, the invoice amount is due when the goods are being delivered.
d. For delayed payments we will charge 5 percent interest above the current base rate for consumers at the time and 8 percent above the current base rate for companies at the time.
4. Shipment
a. We will usually charge a lump sum postage for deliveries as stated in the item descriptions.
b. The goods will be dispatched following receipt of payment.
c. Where part-shipments become necessary, you will only pay the postage once. However, should you expressly request part-shipments, we will charge postage for each part-shipment.
d. Should we be unable to deliver the ordered goods through no fault of our own, we are entitled to terminate the contract with immediate effect.
5. Transfer of Risk
a. Where the customer is not a consumer, the place of performance shall be the location of Anne’s Table.
b. Where we ship goods to customers other than consumers, the risk is being transferred as soon as the goods are being handed to the courier service.
c. Where we ship goods to business customers, the risk is being transferred as soon as the goods are being handed tot he courier service.
6. Guarantee
Where the customer is a consumer, the guarantee period is two years. The guarantee for business customers is one year. We have the option to either fulfill the contract by removing the fault or by replacing the defective item with an immaculate item. Please inform us of obvious faults within 14 days.
7. Retention of Title
All goods delivered by us shall remain our property until complete payment has been received.
8. Right of Revocation
Only consumers have a right of revocation / cancellation. However, the right of revocation does not exist where goods are custom made to customer specification or clearly tailored to the customer’s individual needs.
Cancellation Policy
Right of Revocation
You can revoke your agreement to the contract in writing (e.g. by letter, fax or email) within two weeks without stating reasons or – if you receive the goods within that period – by returning the goods. The revocation period shall start upon receipt of this written cancellation policy but not before a contract is concluded, before the goods are received by the recipient (in the case of several deliveries of identical goods not before the first partial delivery) and not before we have complied with our information duties in accordance with section 312c subsection 2 BGB (German Civil Code) (in connection with section 1 subsection 1, 2 and 4 BGB-InfoV (Regulations on information duties of the German Civil Code)) as well as with our obligations under section 312e subsection 1 BGB in connection with section 3 BGB-InfoV. To observe the period of revocation, the timely dispatch of the cancellation notice or return of the goods shall be deemed sufficient. Please write or return the goods to the following address:
Cancellation consequences
In the case of an effective cancellation, the goods and services received shall be returned and, where relevant, any benefits (e.g. interest) shall be transferred. Where you cannot return the goods and services received at all or only in part or in a deteriorated condition, you may have to pay for the balance. This shall not apply to deliveries where the deterioration is exclusively due to you checking the goods – in a way you would also have been able to do in a shop. You can avoid your obligation to refund us for the deterioration of the goods caused by proper use of the goods if you do not use them as if they were your property and avoid anything that might reduce the value of the goods. Goods that can by sent as parcels shall be returned at our cost and risk.
You shall bear the cost of returning the goods if the goods delivered are as ordered and if the price of the goods to be returned is not higher than 40 Euro or if – where the value of the goods is higher - you have not yet paid in full or paid an agreed installment. In all other cases you can return the goods free of charge. Goods that cannot be sent as parcels will be collected from your address. Refund obligations must be fulfilled within 30 days, starting (for you) the day you send your cancellation notice or the day you return the goods and for us upon receipt of the notice and/or goods.
Further Information
Your right of revocation will expire prematurely, if the other partner to the contract has started delivering the service before the expiry of your revocation period with your express consent or if you personally brought about the delivery of the service (e.g. by download).
End of cancellation policy
9. Closing Provisions
a. Where you make use of your right of revocation, we would request that you do not return the goods carriage forward. We will be happy to refund your shipping costs.
b. For business customers our registered office shall be the only place of jurisdiction.
c. Where one of the previous terms is or becomes ineffective, this will have no influence on the effectiveness of the remaining terms and conditions.
d. Only German law shall apply, UN purchase law is being excluded.
As of: 2011/06/07