Allgemeine Geschäftsbedingungen WURZENER Online-Shop für Verbraucher
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General Terms And Conditions And Cancellation
Allgemeine Geschäftsbedingungen WURZENER Online-ShopThe website www.wurzener.de and the online shop provided on this site are operated by: Wurzener Nahrungsmittel GmbH, Am Mühlgraben 1, 04808 Wurzen, Germany
- Tel.: +49 (0)3425 886 0
- E-mail: info@wurzener.de
- Internet: www.wurzener.de
- Sales tax identification number: DE 141 7888 07
- Commercial register: Leipzig Local Court, HRB 662
- Registered office of the company: Wurzen, Germany
Section 1 General information – Scope of application
1. The business relationship between Wurzener Nahrungsmittel GmbH and you is governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. We will inform you of any changes separately on our website.
2. Deviating conditions of a buyer are not binding unless we expressly acknowledge them, even if we do not expressly reject them. Our General Terms and Conditions shall also apply if a buyer accepts our delivery without reservation in the knowledge of conflicting or deviating terms and conditions.
3. All agreements made between us in connection with the conclusion of a purchase contract are set out in writing in the purchase contract, these Terms and Conditions and the order confirmation by us.
Section 2 Definitions – Service descriptions
1. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.
2. An entrepreneur is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of their trade, business or profession. A partnership with legal capacity is a partnership that has the ability to acquire rights and enter into liabilities.
3. By placing an order, the buyer acknowledges these General Terms and Conditions. Deviating agreements must always be made in writing.
Section 3 Conclusion of contract
1. The presentation of goods in the online shop does not constitute a binding offer. It is an invitation to you to submit a binding offer to us by placing an order. The prices and service descriptions given are therefore subject to change and non-binding, unless we have expressly designated them as binding in writing.
2. By sending an order for goods subject to a charge, the buyer submits a contract offer and makes a binding declaration that they wish to purchase the goods ordered. By clicking the “Buy” button, you place a binding order for the goods in your shopping basket. You can find out more about the technical steps of the ordering process here.
3. Confirmation of receipt of your order will be sent by automated e-mail immediately after the order has been sent and does not constitute a declaration of acceptance. The purchase contract is only concluded upon completion of the payment process.
4. We save the text of the contract and send you the order data and our General Terms and Conditions by e-mail. You can also view the General Terms and Conditions at any time on our website.
Section 4 Right of cancellation for consumers
As a consumer, the customer has a right of cancellation for distance contracts concluded outside of business premises. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside of their trade, business or profession.
Cancellation policy
Right of cancellation: You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is 14 days from the day on which you or a third party named by you, who is not the courier, took possession of the last goods. To exercise the right to cancel, you must inform us (Wurzener Nahrungsmittel GmbH, Am Mühlgraben 1, 04808 Wurzen, Germany, Tel: +49 (0) 3425 88 60, E-mail: onlineshop@wurzener.de) of your decision to cancel this contract in a clear statement (e.g. a letter sent by post or e-mail). You may use the attached sample cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.
Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the delivery costs (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we shall 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 any fees for this repayment. We may refuse reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You shall return or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you inform us of the cancellation of this contract. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
Exceptions to the right of cancellation
1. The right of cancellation does not apply to contracts:
- for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly customised to the personal needs of the consumer,
- for the delivery of goods that can spoil quickly or for which the expiry date would quickly be exceeded,
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
- for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.
2. If you as a consumer regularly conclude a distance contract via our online shop for the delivery of everyday groceries and we deliver the products to you or organise their delivery as part of frequent and regular journeys to your place of residence, your place of stay or your workplace, the distance selling regulations do not apply to these contracts in accordance with Section 312 (2) No. 8 of the German Civil Code (BGB). Therefore, even if you have placed the order as a consumer, you have no right of cancellation regarding the ordered and delivered everyday groceries.
3. In all other respects, the statutory provisions apply.
End of the cancellation policy
Section 5 Obligations of the buyer
1. As a buyer, you shall provide true, accurate, up-to-date and complete personal and/or business information on the order form. This data must be updated if changes occur so that it remains true, accurate, up to date and complete.
2. You must comply with recognised principles of data security, in particular keeping access data and passwords secret and changing them immediately if there is suspicion that unauthorised third parties have gained knowledge of them.
Section 6 Purchase price, due date, delivery
1. The prices quoted are final prices in euros including statutory taxes, in particular VAT. The invoice amount consists of the purchase price plus shipping costs.
2. Delivery within Germany is carried out by DPD or Hermes with a flat-rate shipping charge of 6.50 euros. From a shopping basket value of more than 40.00 euros delivery is free of charge.
3. Delivery outside Germany is not possible.
Section 7 Retention of title
The goods remain our property until the purchase price has been paid in full.
Section 8 Delivery, dispatch and transfer of risk
1. Goods will be dispatched as quickly as possible, subject to availability.
2. Binding delivery dates must be agreed in writing. Force majeure or operational disruptions may extend delivery times.
3. Partial deliveries are permitted where reasonable.
4. If the buyer is in default of acceptance, the risk of accidental loss or deterioration of the goods passes to the buyer.
Section 9 Offsetting
The buyer may only offset claims that have been legally established or recognised by us.
Section 10 Warranty
1. If goods are defective we will repair or replace them at the buyer’s choice, unless disproportionate costs occur.
2. Complaints must be submitted in writing (e-mail, fax or letter).
3. The limitation period corresponds to the expiry of the best-before date (BBD) for food products.
Section 11 Liability
1. Wurzener is fully liable for damages resulting from injury to life, body or health.
2. Otherwise liability is limited to intent and gross negligence.
3. Liability for simple negligence is limited to breaches of essential contractual obligations.
4. Liability under the German Product Liability Act remains unaffected.
Section 12 Payment
- The buyer may choose between the following payment methods:
- PayPal
- Klarna
2. Payment processing may be handled by an external payment service provider.
Section 13 Data protection
Wurzener collects, processes and uses personal data only as necessary for the contract. Further details can be found in our privacy policy.
Section 14 Applicable law and place of jurisdiction
1. German law applies unless mandatory consumer protection provisions apply.
2. The place of jurisdiction for merchants is Wurzen, Germany.
Section 15 Miscellaneous
We may amend these General Terms and Conditions. Customers will be informed at least six weeks before changes take effect.
If individual provisions are invalid, the remaining provisions remain unaffected.
Version 06/2025 for B2C
The website www.wurzener.de and the online shop provided on this site are operated by: Wurzener Nahrungsmittel GmbH, Am Mühlgraben 1, 04808 Wurzen (hereinafter also referred to as “WURZENER”)
- Tel.: +49 (0)3425 886 0
- E-mail: info@wurzener.de
- Internet: www.wurzener.de
- Sales tax identification number: DE 141 7888 07
- Commercial register: Leipzig Local Court, HRB 662
- Registered office of the company: Wurzen, Germany
Section 1 General information – Scope of application
1. The B2B webshop offering is aimed exclusively at entrepreneurs based in the Federal Republic of Germany who, when concluding legal transactions via the webshop, act in the exercise of a commercial or independent professional activity (Section 14 BGB). Unless otherwise agreed in writing, the use of the B2B webshop and orders for products offered in the webshop shall be governed exclusively by these General Terms and Conditions (“GTC”) in their currently valid version.
Orders for products not offered in the webshop or for product quantities not listed in the webshop in connection with an individual enquiry by the buyer shall be governed by the General Terms and Conditions of Sale and Delivery (“AVB”) of Wurzener in their currently valid version, available at: https://www.wurzener.de/de/allgemeinegeschaeftsbedingungen.
Conflicting or deviating terms and conditions of the buyer shall not apply; such terms and conditions are hereby rejected.
2. The business relationship between Wurzener Nahrungsmittel GmbH and you shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. We will inform you of any changes on our website.
3. Deviating conditions of a buyer shall not be binding unless we expressly recognise them. Our General Terms and Conditions shall also apply if a buyer accepts delivery in the knowledge of conflicting or deviating terms and conditions.
Section 2 Conclusion of contract
1. The presentation of goods in the online shop does not constitute a binding offer. It represents an invitation to you to submit a binding offer by placing an order (invitatio ad offerendum). Prices and product descriptions are therefore subject to change and non-binding unless expressly designated as binding in writing.
2. By sending a chargeable order for goods, the buyer submits a contractual offer and declares that they intend to purchase the ordered goods. By clicking the “Buy” button you place a binding order for the goods contained in the shopping basket.
3. Confirmation of receipt of the order follows immediately after the order is submitted and does not constitute acceptance of the contract. We may accept your order either by sending an order confirmation via e-mail or by dispatching the goods within five days.
4. We store the text of the contract and send you the order data and our General Terms and Conditions by e-mail. The GTC can also be viewed on our website at any time.
Section 3 Obligations of the buyer
1. As a buyer, you must provide truthful, accurate, current and complete business information in the order form. This data must be updated whenever changes occur so that it remains truthful, accurate and complete. Changes affecting already concluded contracts must be communicated to us without undue delay (within 2 weeks). If provided data is incorrect, incomplete, outdated or not updated in time, we are entitled to withdraw from the contract and/or claim damages in accordance with statutory provisions.
2. You are responsible for complying with recognised data security principles. In particular you must keep access data and passwords confidential and change them immediately if there is suspicion that unauthorised third parties may have obtained knowledge of them. You are liable for orders placed through misuse of your login data insofar as you are responsible for the misuse.
Section 4 Purchase price, due date, delivery
1. The prices displayed in the webshop at the time of the order shall apply. All prices are exclusive of VAT and shipping costs.
2. Delivery within Germany is carried out by DPD or Hermes with a flat-rate shipping charge of €6.50. For orders with a basket value exceeding €40.00 delivery is free of charge. Delivery to DPD or Hermes parcel shops is possible. Delivery to DHL/Amazon packing stations is excluded.
The following islands/postal codes are excluded from delivery by DPD: Hiddensee: 18565, North Frisian Islands: 25849, 25859, 25863, 25869, 25938, 25946, 25980, 25992, 25996–25999, East Frisian Islands: 26465, 26474, 26486, 26548, 26571, 26579, 26757, Helgoland: 27498, Neuwerk: 27499, Chiemsee: 83256. Hermes delivers to these islands. Delivery times may be 1–3 working days longer and tracking options may be limited.
3. Delivery outside Germany is not possible.
Section 5 Retention of title
1. Until all claims arising from the contractual relationship or ongoing business relationship have been fulfilled, Wurzener shall retain the following securities. If the realisable value of the securities exceeds the value of the outstanding claims by more than 10%, the customer may request release of the excess securities at Wurzener’s discretion.
2. Delivered goods remain the property of Wurzener as reserved goods. The buyer may process and resell these goods in the ordinary course of business provided they are not in default of payment. Pledging or transferring ownership as security is not permitted. The buyer must insure the goods against fire, water, storm and theft at replacement value.
3. If the buyer resells reserved goods, they hereby assign to Wurzener all resulting claims together with ancillary rights. Wurzener accepts the assignment.
4. Wurzener revocably authorises the buyer to collect the assigned claims. This authorisation may be revoked at any time.
5. Processing of the reserved goods shall be carried out for Wurzener without obligation. If goods are processed or combined with other goods, Wurzener acquires co-ownership proportionally to the invoice value of the reserved goods.
6. In case of breach of contract, particularly payment default, Wurzener may reclaim the goods after setting a reasonable deadline.
7. In the event of seizure or third-party access to the goods, the buyer must inform Wurzener immediately.
Section 6 Delivery, dispatch and transfer of risk
1. Goods are dispatched as quickly as possible subject to availability.
2. Binding delivery dates must at least be agreed in text form. Events such as force majeure, war, pandemics, strikes or operational disruptions may extend delivery times.
3. If not all items are available, delivery will be sent together once production occurs within approximately 1–2 weeks.
4. Delivery is made ex warehouse at the buyer’s risk. The risk passes to the buyer upon dispatch.
5. If the buyer is in default of acceptance, Wurzener may store the goods at the buyer’s expense.
Section 7 Offsetting
The buyer may only offset claims that have been legally established or acknowledged by us.
Section 8 Claims for defects
1. Raw materials and finished goods are analysed in accordance with applicable specifications and tolerances.
2. Wurzener accepts no liability for printing errors approved by the customer.
3. Wurzener is not obligated to analyse goods purchased from third-party suppliers before resale.
4. Wurzener assumes no liability for defects caused by specifications provided by the buyer.
5. Obvious defects must be reported within 7 days after receipt of the goods.
6. If defects exist, Wurzener may repair or replace the goods within a reasonable time.
7. Claims for defects expire after 12 months unless fraudulently concealed.
Section 9 Liability for damages
1. Liability exists in cases of intent or gross negligence according to statutory provisions.
2. Otherwise liability applies only under product liability law or for injury to life, body or health.
3. Liability for delay in performance is limited to foreseeable damages typical for the contract.
4. Liability for impossibility of performance is limited to 10% of the value of the delivery.
5. The above provisions do not alter the burden of proof to the detriment of the buyer.
Section 10 Payment
- The buyer may choose between the following payment methods:
- PayPal
- Klarna
2. Payment processing may be handled by an external payment service provider.
3. When paying via PayPal, you authorise Wurzener to collect the payment amount at the time of ordering.
4. When paying via Klarna, payment may be made by instant transfer, invoice or instalments depending on creditworthiness.
Section 11 Choice of law, place of jurisdiction, miscellaneous
1. German law shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2. If the customer is a merchant or legal entity under public law, the exclusive place of jurisdiction shall be Leipzig.
3. Should individual provisions of the contract or these terms become invalid, the remaining provisions remain unaffected.
Version: 06/2025 B2B