Terms of service

General Terms and Conditions of InterNestor GmbH, Vitalisstraße 184, 50827 Cologne, registered at the Cologne Local Court under HRB 57746, legally represented by its managing directors Moritz Meltzer and Dr Alexander Schulz, (“Supplier”) for sales contracts concluded via the portal “your-cake.com” operated by the Supplier.

§ 1 Scope, Definitions

The following Terms and Conditions apply to all orders placed via our online shop by consumers and business customers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, is acting in the course of their commercial or self-employed professional activity. These Terms and Conditions also apply to future business relationships with entrepreneurs without us having to refer to them again. If the business operator uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only form part of the contract if we have expressly agreed to them.

§ 2 Contracting Parties, Conclusion of Contract

(1) The customer may select products from the provider’s range, in particular cakes and related accessories, and add these to a so-called shopping basket via the “Add to basket” button. After selecting their delivery and payment options, they submit a binding offer to purchase the goods in the shopping basket by clicking the “Order” button. Before submitting the order, the customer may view and amend their product selection as well as their chosen delivery and payment terms at any time. However, the offer may only be submitted and transmitted if the customer, by ticking a box, declares their agreement to the General Terms and Conditions and confirms that they have taken note of the information contained therein regarding their right of withdrawal, thereby accepting these contractual terms and incorporating them into their offer.

(2) The provider shall then confirm receipt of the order to the customer via an automated email, which lists the customer’s order once again. A binding contract may also be concluded earlier as follows:

• If you have chosen to pay by credit card, the contract is concluded at the time the credit card is charged.
• If you have chosen PayPal as your payment method, the contract is concluded at the time you confirm the payment instruction to PayPal.
• If you have chosen the Sofortüberweisung payment method, the contract is concluded at the time of confirmation of the payment instruction to SOFORT AG.
• If you have chosen payment by Klarna invoice, the contract is concluded upon dispatch of the order confirmation by email.
• If you have chosen to pay via Apple Pay, the contract is concluded at the time you confirm the payment instruction to Apple Pay.

§ 3 Code of Conduct

We have committed to the following codes of conduct:

Trusted Shops Quality Criteria

http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf

§ 4 Rights to print designs and rejection of impermissible content

(1) The services offered by “your-cake.com” include the implementation of customer-specific design specifications, in particular based on the customer’s templates. If the customer commissions the provider to design a cake based on a print template provided by the customer, the customer thereby confirms that they hold all necessary rights for this purpose.

To the extent necessary for the performance of the contract, the customer grants the provider a corresponding non-exclusive right of use to the print template.

(2) The customer must not submit any print templates whose content infringes the rights of third parties or is criminal, unlawful or immoral. This includes, in particular, pornographic, seditious, discriminatory or extremist content, as well as content that violates public decency or general standards of propriety. The Provider is entitled to reject print templates containing such content or – where reasonable – to adapt them.

(3) The Customer shall be liable to the Provider for all consequences arising from a breach of paragraph 2. Liability based on fault shall include, in particular, indemnifying the Provider against claims by third parties arising from an infringement of their rights or legal provisions, as well as the reimbursement of reasonable legal defence costs.

(4) If a submitted print template contravenes the provisions of paragraphs 1 to 2 or if there are reasonable doubts as to this, the Provider is entitled to withdraw from the contract, unless the Customer can demonstrate compliance with the requirements set out in paragraphs 1 to 2. Further claims of the Provider remain unaffected.

§ 5 Delivery, Availability of Goods

(1) If no copies of the product selected by the customer are available at the time of the customer’s order, the provider shall inform the customer of this in the order confirmation. If the product is permanently unavailable, the provider shall refrain from issuing a declaration of acceptance. In this case, no contract shall be concluded.

(2) If the product specified by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this without delay in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. Furthermore, in this case, the supplier is also entitled to withdraw from the contract. In this case, the provider shall immediately refund any payments already made by the customer.

§ 6 Prices and delivery charges

(1) All prices stated on the provider’s website include the applicable statutory value added tax.

(2) Delivery charges are added to the stated product prices. Further details regarding the amount of the delivery charges can be found in the product listings. You generally have the option of collecting your order from InterNestor GmbH, Vitalisstraße 184, 50827 Cologne, Germany, during the business hours specified below: Monday to Friday between 2.00 pm and 5.00 pm, except on public holidays.

§ 7 Payment

The following payment methods are available in our shop:

Credit card

When you place your order, you simultaneously provide us with your credit card details. Once we have verified you as the legitimate cardholder, we will instruct your credit card company to initiate the payment transaction immediately after the order is placed. The payment transaction is carried out automatically by the credit card company and your card will be charged.

PayPal

During the ordering process, you will be redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there or register first, verify your identity using your login details, and confirm the payment instruction to us. Once you have placed your order in the shop, we will instruct PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. Further information will be provided during the ordering process.

SOFORT Überweisung

After placing your order, you will be redirected to the website of the online provider SOFORT Überweisung. To pay the invoice amount via SOFORT Überweisung, you must have an online banking account activated for use with SOFORT Überweisung that uses a PIN/TAN procedure, authenticate yourself accordingly, and confirm the payment instruction to us. Further information will be provided during the ordering process. The payment transaction will be processed immediately afterwards by SOFORT Überweisung and your account will be debited.

Apple Pay

To pay the invoice amount via Apple Pay, you must use the “Safari” browser, be registered with the service provider Apple, have activated the Apple Pay function, authenticate yourself using your login details and confirm the payment instruction. The payment transaction will be processed immediately after the order is placed. Further information will be provided during the ordering process.

Klarna’s payment options

In collaboration with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:

• Invoice: The payment term is 30 days from the date of order. The terms and conditions for invoicing can be found here.
• Instalment plan: With Klarna’s financing service, you can pay for your purchase flexibly in monthly instalments of at least 1/24 of the total amount (but no less than EUR 6.95) or under the conditions otherwise specified at checkout. Instalment payments are due at the end of each month following the dispatch of a monthly invoice by Klarna. Further information on instalment purchases, including the General Terms and Conditions and the European Standard Information on Consumer Credit, can be found here.

Use of the payment methods Invoice, Instalment Purchase and Direct Debit is subject to a positive credit check. Further information and Klarna’s Terms of Use can be found here. General information about Klarna is available here. Your personal data will be processed by Klarna in accordance with applicable data protection regulations and as set out in Klarna’s Privacy Policy.

Billie Invoice Purchase for Businesses

Businesses can also pay by bank transfer on account for purchases up to a value of EUR 500.00. The purchase price is payable to Billie GmbH, Charlottenstraße 4, 10969 Berlin, Germany, following the order and receipt of the invoice. When purchasing on account, we will assign the purchase price claims to Billie.

The assignment of claims and the processing of your data are carried out in accordance with Billie’s Terms and Conditions (https://www.billie.io/agb) and Privacy Policy (https://www.billie.io/datenschutz).

§ 8 Dimensions and Shelf Life, Warranty for Material Defects and Guarantee

(1) The cakes offered by the Supplier are handmade, one-off items which may exhibit minor deviations in size, weight and colour that are reasonable for the customer to accept. The Supplier guarantees the shelf life of its cakes when stored at room temperature for seven days following delivery.

(2) Furthermore, the Supplier is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). The warranty period for goods supplied by the Supplier to business customers is 12 months.

(3) Consumers are covered by legal guarantee rights. The following harmonised EU notice provides information on the most important rights. Any manufacturer’s warranty is to be distinguished from this and, where applicable, is specified separately for each product.

(4) A guarantee applies to the goods supplied by the Supplier only if this has been expressly stated in the order confirmation for the respective item.

§ 9 Liability

We shall always bear unlimited liability for claims arising from damage caused by us, our legal representatives or vicarious agents in the event of injury to life, limb or health; in the event of intentional or grossly negligent breach of duty; in the event of warranty promises, where agreed; or where the scope of the Product Liability Act applies. In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contracting party may regularly rely, (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

§ 10 Cancellation Policy

Consumers have a fourteen-day right of cancellation.

Right of cancellation

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 named by you, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must notify us (InterNestor GmbH, Vitalisstraße 184, 50827 Cologne, Germany, support@deinetorte.de, Phone: 0221 222 838 0) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by mail or an email). You may use the attached model withdrawal form for this purpose, though its use is not required. You can also exercise your right of withdrawal online at (https://your-cake.com/pages/cancellation). If you use this online feature, we will immediately send you a confirmation of receipt on a durable medium (e.g., via email) containing information about the content of the withdrawal notice as well as the date and time of its receipt.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of any additional costs arising from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will make this refund using the same payment method you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without delay and in any event no later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you post the goods before the end of the fourteen-day period. You shall bear the direct costs of returning the goods. You shall only be liable for any diminished value of the goods if this is attributable to handling of the goods that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.

The right of withdrawal does not apply to the following contracts:

• Contracts for the supply 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 tailored to the consumer’s personal needs.
• Contracts for the supply of goods which are liable to deteriorate rapidly or whose expiry date would be exceeded rapidly.

Model withdrawal form (If you wish to withdraw from the contract, please complete this form and return it.) – To InterNestor GmbH, Vitalisstraße 184, 50827 Cologne, Germany, support@your-cake.com – I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) – Ordered on (*)/received on (*) – Name of the consumer(s) – Address of the consumer(s) – Signature of the consumer(s) (only if notifying in writing) – Date (*) Delete as appropriate.

Special notes

If you are financing this contract through a loan and subsequently withdraw from it, you are also no longer bound by the loan agreement, provided that both contracts form an economic unit. This is particularly likely to be the case if we are also your lender or if your lender relies on our involvement for the financing. If the loan has already been paid to us when the withdrawal takes effect, your lender shall assume our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the withdrawal or the return of goods. The latter does not apply if the present contract concerns the acquisition of financial instruments (e.g. securities, foreign exchange or derivatives).

If you wish to avoid a contractual obligation as far as possible, exercise your right of withdrawal and also withdraw from the loan agreement if you are entitled to a right of withdrawal for that as well.

Different return costs policy for Germany

We shall bear the direct costs of returning the goods if the return is made within Germany.

Return labels

Without prejudice to your statutory rights, we provide you with free return labels for your return within Germany. We will send you the return label by email. You can hand in the return at a parcel shop of the respective provider in Germany.

§ 11 Collection

You generally have the option of collecting your order from InterNestor GmbH, Vitalisstraße 184, 50827 Cologne, Germany, during the business hours specified below: Collection is possible between 2 pm and 5 pm on the desired date if you select the “Collection” delivery method.

§ 12 Retention of title

The goods remain our property until full payment has been made. The following also applies to business customers: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full.

You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from such resale – irrespective of whether the goods subject to retention of title are combined or mixed with a new item – in the amount of the invoice sum, and we accept this assignment. You remain authorised to collect the claims; however, we may also collect claims ourselves if you fail to meet your payment obligations.

§ 13 Transport damage

If goods are delivered with obvious transport damage, please report such defects to the carrier as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or the transport insurance company.

§ 14 Customer Service

You can reach our customer support by telephone on 0221-2228380, Monday to Friday between 9 am and 5 pm. You are also welcome to send us an email at support@your-cake.com.

§ 15 Data protection

InterNestor GmbH fully respects the data protection of individuals who visit and use the website. For further information on our use of cookies, the data we collect, the manner and purpose of our use of your data, and the circumstances under which we disclose data, please refer to our Privacy Policy. By placing an order, you agree and acknowledge that we may collect, use, store and process your personal data in accordance with our Privacy Policy.

§ 16 Online Dispute Resolution

The European Commission provides a platform for Online Dispute Resolution (ODR), which you can find here: https://ec.europa.eu/consumers/odr/.

§ 17 Storage of the Contract Text

We store the contract text and send you the order details and our Terms and Conditions by email. You can also view the Terms and Conditions at any time here on this page. For security reasons, your past orders are no longer accessible via the internet.

§ 18 Contract language

The language available for the conclusion of the contract is German.

§ 19 Final provisions

(1) Contracts between the provider and the customer are governed by the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) If the customer is a trader, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office.

Website billing via credit card

is handled by Shopify Payments:

Shopify International Limited

2nd Floor Victoria Buildings

1-2 Haddington Road

Dublin 4, D04 XN32

Ireland