Company Policies
Privacy Policy
1. General provisions
Despite careful controls of the contents we do not accept any liability for external links to foreign contents. The protection of your personal details collected, processed and used on the occasion of your visit to our web site is an important issue to us. We protect your details within the scope of the legal provisions. In the following we inform you which details are collected during your visit on the web site and how the details are used:
2. Collection and processing of details
Each access to our web site and each retrieval of a file stored on the web site are recorded. This saving is for internal system-related and statistical purposes. The following are recorded: Name of the file retrieved, date and time of the retrieval, the volume of data transmitted, the report about the successful retrieval, the web browser and the requesting domain. In addition, the IP address of the requesting computer is recorded. Personal details are only collected, if you provide the details voluntarily, as for example within the scope of a query or registration.
3. Use and passing on of personal details
As far as you have made available to us your personal details, we will only use the same to answer your queries, to process any contracts concluded with you and for the technical administration. Your personal details are only passed on to third parties or transferred in any other way, if this is required for the purposes of the execution of the contract - for example to the suppliers - if this is required for accounting purposes or if you agreed earlier to the passing on of your details. You have the right to revoke at any time with future effect your previously granted consent. Your personal details saved are deleted if you revoke your consent to the saving of the same, if the knowledge of the same is no longer required for the completion of the purpose intended with the saving of the same or if the saving of the same is impermissible for any other legal reasons.
3. Right to information
Upon written request we will happily inform you about your personal details saved with us. Safety note: By taking all technical and organisational measures possible, we endeavour to save your personal details in such a way that they are not accessible to third parties. In the case of communication via email we cannot guarantee the complete data safety, so that we recommend you send confidential information by mail.
General Terms and Conditions (T&C)
1. Area of validity
The following General Terms and Conditions (T&C) apply exclusively to all our offers, deliveries and services, including the future businesses with customers unless explicitly agreed otherwise. The customer's diverging regulations of Terms and Conditions only apply if we have expressly agreed to their validity in writing.
2. Protection for children and young persons
The offer concludes contracts regarding deliveries including alcoholic drinks with
a) natural persons, who are legally competent without restrictions and who have turned 18; the age will be verified upon delivery.
b) with corporate bodies with their place of residence or offices in the Federal Republic of Germany or in a member state of the European Union.
By accepting the provider's T&C the buyer confirms that he is of legal age (aged 18). We point out that deliveries including alcoholic drinks will principally only be handed out to persons aged 18 and more, that is the buyer must ensure that only persons of legal age accept the delivery.
3. Conclusion of the contract
Your order sent to us represents an offer to conclude a contract. Once you have submitted your order, we will send you an email confirming the receipt of your order and providing the order details (confirmation of receipt). This confirmation of receipt is not an acceptance of your offer; it merely informs you that we have received your order. The contract is only concluded once we send you the product you ordered and once we confirm the dispatch to you in a second email (confirmation of dispatch). The products of the same order, which are not listed in the confirmation of dispatch, are not included in the contract.
4. Delivery, retention of title
The delivery is subject to the availability of the goods. We are not subject to any obligation to delivery. The dispatch is by Deutsche Post AG or a freight forwarder of our choice. The goods remain our property until the complete payment has been received.
5. Delivery charges
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6. Cancellation Policy
6.1. Right of rescission
You may revoke your contractual declaration within four weeks without providing reasons in written form (e.g. fax, email) . The term commences with the receipt of this instruction in written form, however, not before the receipt of the goods (for recurrent deliveries of similar goods not before the receipt of the first partial delivery) and not before the fulfilment of our obligation to information according to § 312c Para. 2 BGB (Civil Code) in connection with § 1 Para. 1, 2 and 4 BGB-InfoV (Civil Code Information Ordinance) as well as our obligations according to § 312e Para. 1 Sentence 1 BGB (Civil Code) in connection with § 3 BGB-InfoV (Civil Code Information Ordinance). To ensure the period of revocation the timely sending of the revocation or the object suffices. The revocation shall be addressed to:
Geschenk & Korb
Müller / Ziener GbR
Vogelsangstraße 16A
70176 Stuttgart, Germany
Fax: +49 (0)711-50429-427
Email: service@gift-baskets-europe.com
6.2 Exclusion of the right of rescission
In accordance with § 312 b BGB (Civil Code), the right of rescission is excluded for orders within Germany regarding deliveries of foods, drinks or other household objects of daily use, which an entrepreneur supplies to the consumer's place of residence, abode or workplace within the scope of frequent and regular journeys. Furthermore, the right of rescission is excluded for the provision of services in the areas accommodation, transportation, delivery of foods and drinks and leisure activities, if the provider commits upon the conclusion of the contract to provide the service at a certain time or within a clearly stipulate period of time.
6.3 Consequences of a rescission
In the case of an effective revocation, the performances received by both parties and if required the uses taken advantage of (e.g. interest), must be returned. Should the received service not be returned entirely or in parts or only in a worsened state you are required to pay damages to us insofar as necessary. This does not apply to the handing over of objects if the deterioration of the object only results from its inspection - the way in which you may have been able to detect the deterioration in a shop. For the rest, you may avoid the obligation to compensation for the deterioration caused by the purposeful use of the object, by not using the object as if it was your property and by avoiding everything that decreases its worth. Goods that may be returned as parcel shipments must be returned at our costs and risk. Objects, which may not be sent in packages, will be collected from your house.
In the event of returns from a non-EU member state, you must attach our invoice and an accompanying letter from you stating that you return the goods, which we initially supplied to you, for customs regulatory reasons.
End of the Cancellation Policy
7. Materials defect liability, guarantee
The provider is liable for defects as to quality in accordance with the legally applicable provisions, in particular of §§ 434 ff. BGB (Civil Code). However, the guarantee only applies to the goods supplied by the provider, if such a guarantee has been expressly granted regarding the relevant item in the order confirmation.
8. Liability
The customer's claims for damages are excluded. The customer's claims for damages from injuries to life, body and health or from breaches of essential contractual obligations as well as liability for other damages caused by the intentional or grossly negligent breach of duty on the part of the provider, his legal representatives or vicarious agents, are excluded. Essential contractual obligations are such obligations, the fulfilment of which is required to achieve the aim of the contract. In the event of a breach of essential contractual obligations the provider is only liable for the foreseeable damages typical for such a contract, if it has been caused negligently, unless the customer's claims for damages result from injuries to life, body or health. The limitations stated also apply in favour of the provider's legal representatives and vicarious agents if the claims are asserted directly against the same. The regulations of the Product Liability Law remain unaffected.
9. Prices
The prices we have stated include the legally applicable turnover tax as well as further price components - excluding the delivery and dispatch costs. Errors of or changes to the prices listed in the databases are reserved. In the event of divergences, the full right of rescission applies.
10. Payment
The payment is on advance payment by credit card (Visa, American Express or MasterCard). Payments on account may only be made upon individual agreements.
11. Notes regarding the data agreement
Within the scope of the processing of contracts the provider collects the customer's details. He thereby complies with the regulations of the Bundesdatenschutzgesetz (Federal Data Protection Act) and Teledienstdatenschutzgesetz (Teleservices Data Protection Act). Without the customer's consent the provider will only collect, process or use the customer's inventory and usage data, as far as this is required for the processing of the contractual relationship and the utilisation and accounting of teleservices. Without the customer's consent the provider will not use the customer's details for advertising, market research or opinion survey purposes. The customer has the opportunity at any time to find out about the saved data, change or have deleted the same, cf. Privacy Policy.
12. Notes regarding the regulations according to the Packaging Ordinance
According to the regulations of the Packaging Ordinance we are obliged towards our ultimate consumers, to take back the packaging of our products, which is not labelled with the sign of an extensive system of disposal (such as the "Grüner Punkt" of Duales System Deutschland AG), and to ensure the recycling or disposal of the same.
For further information about returning packaging for such products please contact us:
Geschenk & Korb - Michaela Müller & Susanne Ziener GbR, Vogelsangstraße 16A, 70176 Stuttgart, Germany, Tel.: +49 (0)711-50429-100 Fax: +49 (0)711-50429-427, email: service@gift-baskets-europe.com
We will then name a local collection site or disposal company in your area, which will accept your packaging free of charge. If this is not possible you - as the ultimate consumer - may have the opportunity to send the packaging back to us - at our costs. According to the packaging regulations we will reuse or dispose of the same according to the regulations of the Packaging Ordinance.
13. Place of fulfilment and place of jurisdiction
The places of fulfilment and jurisdiction for businesses with traders, corporate bodies under public law or public fund assets are Stuttgart. The Law of the Republic of Germany applies with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
14. Final provisions
Should individual regulations of these General Terms and Conditions be entirely or partly ineffective, the validity of all other parts shall remain unaffected thereby.
We do not ship food to America or other countries that have agricultural restrictions which apply to certain plant material. In these cases we can help you and recommend gift basket designers in the required countries.
For Germany:
Fernabsatzgesetz
Kaufen Sie einen unserer Artikel, dann schließen Sie ein Fernabsatzgeschäft ab. Gemäß des geltenden Fernabsatz- gesetzes haben Sie das Recht, den Vertragsabschluß durch einseitige Erklärung uns gegenüber zu widerrufen. Der Widerruf muß keine Begründung enthalten und schriftlich oder durch Rücksendung der Ware innerhalb von zwei Wochen (nach Erhalt der Ware) erfolgen. Zur Fristwahrung genügt die rechtzeitige Absendung der erhaltenen Ware. Von der Rückgabe ausgeschlossen sind Geschenkkörbe die verderbliche Lebensmittel, Tabakwaren oder Kosmetik enthalten oder Geschenkkörbe die speziell nach Ihren Wünschen für Sie zusammen gestellt wurden.
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