General terms and conditions of business
In the following, the conditions ("conditions") are listed, for which Doughnut Time Germany GmbH ("we", "our" or "us")) has agreed to you ("you" or "your") donuts ("products ").
We are Doughnut Time Germany GmbH, a company registered in Germany. Our company registration number is HRB234302B and our registered seat is located at Panoramastraße 1a, 10178 Berlin, Germany. Our sales tax identification number is DE347211479.
1st order
1.1 You can give up an order for our products by using our online order form, or by email or by phone if you place larger orders. However, no order you have given up is binding for us, as long as we have not sent you an email confirmation to accept the same ("confirmation").
1.2 You are responsible for ensuring the correctness of the conditions of each order and checking whether the confirmation is correct.
1.3 If details have been entered incorrectly, they must be claimed in writing by our customer service team. It is not guaranteed that changes to an order can be made as soon as it has been confirmed.
1.4 As soon as we have sent you the confirmation, you can only cancel your order with our consent (and it is a condition for our consent that you will reimburse us all the costs that we have incurred when processing your order).
1.5 These conditions apply to the exclusion of any conditions that you want to impose.
1.6 You will receive a Doughnut Time order number as soon as your order has been confirmed. You have to specify this number if you have any questions about your order.
1.7 If you want a change in the ordered product, you must contact us in writing so that we can tell you whether this change is possible, how high the price difference is or when your order is delivered. You will be asked to confirm the changes in writing before they are made.
2. Products
2.1 We strive to make the best strength to ensure that the size and description of the delivered products match the ones you have ordered, as stated in the order confirmation, although slight deviations can occur, since our donuts are handmade.
2.1.1 The products can easily deviate from their illustrations. The illustrations of the products on our website and on the platforms of social media only serve to illustrate. We strive to present the colors, toppings and fillings precisely. We cannot guarantee that the color presentation on your computer correctly reflects the colors of our products. Your products may differ from these illustrations.
2.1.2 Images used on our social media pages and certain pages of our website are inventory photos and possibly no longer available. You can find current ranges on our 6-pack/DIY kit pages and on the menu side in the shop.
2.2 If you request that we make products specifically according to your requirements ("tailor -made products"), we will provide you with a pattern and make up to two revision rounds before we manufacture the final products.
2.3 We will take appropriate measures to pack the products and ensure that the products are in good condition if they are picked up in our business (by you or a courier service, as described in clause 3).
2.3.1 The packaging of the products may differ from the images shown on the website. We will strive to inform our customers about alternatives in the packaging if possible.
2.4 We reserve the right to replace up to three Duthnuts with the closest alternatives in the unlikely case of non -availability. If possible, we will strive to inform our customers in advance.
2.5 We guarantee that the products when picking up in our business:
2.5.1 in all essential aspects with their description or a pattern provided by us;
2.5.2 are of satisfactory quality;
2.5.3 must be suitable for human consumption; and
2.5.4 meet all applicable legal and official requirements for the sale of products in Germany.
2.6 This guarantee does not apply:
2.6.1 for defects in the products that are due to intentional damage, accident or negligence on their part or a third party;
2.6.2 If you store or use the products in a way that we do not recommend; or
2.6.3 If you do not follow our instructions in relation to the products.
2.7 In the unlikely case that the products do not match the above guarantee, we will provide you with a reimbursement (using your original payment method), an exchange voucher or replacement products.
2.8 These conditions apply to all replacement products that we deliver to you.
2.9 In the unlikely case that our products will be damaged, we need clear pictures of the damage to the product, packaging and the Sversandatzett to examine it and find a solution. If you do not provide us with pictures, any solution we can offer will be obsolete.
2.10 Any damage/delays/missing products must be reported to our customer service team within 5 days of the selected delivery date. All problems reported after this point in time cannot be considered for reimbursement or compensation.
3. Delivery
3.1 We will take appropriate measures in order to comply with the delivery date specified in the confirmation or otherwise agreed between us in writing and the delivery period. Occasionally, however, the delivery can be influenced by factors that escape our control and therefore cannot be guaranteed. We will inform you when we experience an unexpected delay and make a new delivery date and/or a new delivery time with you. The deliveries are carried out within a time window of 1-2 days.
3.2 Our supply truck is DPD
3.2.1 We are not liable for delivery problems caused by DPD, such as delays, damage or loss. However, we strive to understand all the problems and to solve them in their name.
3.2.2 DPD gives you a time window of one hour on the day of delivery by email and SMS message. You must ensure that your information is correct to obtain these notifications.
3.2.3 If you are not at home/at the time of delivery, DPD will take your order on your door threshold/lobby, unless a safe place has been agreed directly with DPD. If the driver does not consider it appropriate to store your order, he will bring you back to the depot in some cases and try to add you again the next day. DPD will make a photo as proof of delivery. If you are not present on the date you have chosen, reimbursement is not possible.
3.2.4 If you do not leave a clear note on DPD and the delivery is missed, we are not liable.
3.2.5 If you have entered your address incorrectly, DPD cannot reach you. It is your responsibility to ensure that all information is correct before you give up your order. We are not liable for mistakes and cannot offer compensation for it.
3.2.6 If DPD has caused damage during transport and you want us to carry out research in your name, we need clear images of all damage to the product, on the outer packaging and on the sanctuary, as described in clause 2.9.
3.3 You can pick up the products from us in one of our shops or you can ask us to commission a courier with the collection in your name (in this case we charge an additional fee that is specified in the confirmation).
3.4 The delivery of the products is complete if you pick them up from us or if we inform you that you are available for collection.
3.5 DPD offers the option of expressing additional delivery requests via the tracking link. Some of these wishes can lead to considerable delays in the delivery of our orders, and due to the perishable of our donuts, we recommend that we only use the following wishes.
3.5.1 Application for a safe place
3.5.2 Please submit the package to a neighbor
3.5.3 Please call a call at the delivery location
3.5.4 Add additional delivery instructions
3.6 All other wishes, such as pick -up shops, change the address or the delivery date, can lead to delays in the delivery of your order and can lead to the order being disposed of. If a request that is not mentioned in section 3.5 is expressed and your order is delivered or disposed of late, we are not liable for this because you have changed the shipping conditions, which has led to this delay or disposal.
4. Consumer rights
4.1 If you are a consumer, the provisions for consumer contracts (information, cancellation and additional fees) from 2013 ("provisions") do not apply to these conditions, since the products are manufactured according to your wishes.
4.2 You have the right to change your opinion and cancel the contract (Consumer Contracts Regulations 2013) - Doughthnuts and fresh products
4.2.1 With some products purchased online, you have the legal right to change your opinion and to cancel the contract (without giving reasons) and to receive a refund.
4.2.2 For articles that are delivered via DPD, including Doughnut 6 Series packs and DIY kits, changes or cancellations must be made at least 3 days before the desired delivery date.
4.2.3 All inquiries that are received after this point in time cannot be guaranteed, but we will try to help if possible.
4.2.4 All inquiries must be sent to our customer service in writing (see contact page for more information). You must enter your order number, the delivery address and the name of the invoice gull.
5. Price and payment
5.1 The price for the products is the agreed price if the products are ordered from us, as shown in the order confirmation. The prices can change at any time, but price changes do not affect your orders after we have sent you the confirmation.
5.2 All prices we provide are plus any courier costs that are added to the total amount due.
5.3 Unless otherwise agreed, customer -specific products do not have to be paid at the time of your order. We accept payments by credit or debit card and by bank transfer.
5.4 In order to order customer -specific products, you have to make a not reimbursable down payment before we manufacture the products.
5.5 If you want customer -specific packaging for customer -specific products, you must pay the customer -specific packaging and the down payment when ordering.
5.6 The remaining amount of the price is to be paid as soon as you have approved the patterns.
5.7 If you decide to continue the order, the down payment and the costs for customer -specific packaging will not be refunded.
5.8 If you do not make a due payment, we will cancel your order.
6. Refunds
6.1 If we agree to a refund (as described in these conditions), you must present us with one of the following proofs of purchase:
6.1.1 Original receipt for the mobile app (we cannot accept photocopies);
6.1.2 Original receipt at the point of sale;
6.1.3 Account statement from which the purchase emerges (bank or credit card statement).
6.2 We reserve the right to reject and/or cancel agreed reimbursements if they are unable to provide proof of purchase, as described in clause 6.1 above.
6.3 We reserve the right to reject return, reimbursement or exchange applications if you:
6.3.1 have changed their opinion;
6.3.2 bought the wrong product; or
6.3.3 You bought the wrong flavor, size, type or quantity.
7. Clothing, merchandise and gift cards
7.1 According to the Ordinance on Consumer Treaties (information, cancellation and additional fees) from 2013, you have 14 days to cancel the contract and receive the purchased items refunded.
7.2 If you want to cancel your order, the 14 days start from the time when your order was sent by us.
7.3 If you want to return a canceled order, you have 28 days to send it back to our sales center from the day you received the article.
7.3.1 You must tell our customer service that you want to cancel/return an article before sending it.
7.3.2 If the cancellation takes place after the item is sent, the postage costs will not be refunded.
7.3.2 You must ensure that you have evidence of shipping when returning items.
7.4 If you have received a wrong or damaged article, please inform our customer service, which will inform you about the return or exchange procedure.
7.5 If you want to return/exchange an article that has the wrong size, please inform our customer service first so that we know that you want to send a product back to us.
7.5.1 You must ensure that the items are securely sent and have evidence of shipping.
7.5.2 You must take over the additional postage costs for the return to us.
7.5.3 You are responsible for ensuring that the articles are sent back to us in the same state in which they were sold.
7.6 Face masks and aprons cannot be returned for hygienic reasons, unless they are defective/damaged.
7.7 Gift cards are made to order and personalized individually, so they cannot be reimbursed/exchanged after shipping.
7.7.1 Gift cards bought online are only intended for online use and cannot be used in shops.
7.7.2 Gift cards bought in the shop are only intended for use in the shop and cannot be used online.
7.7.3 Gift cards cannot be exchanged for cash.
7.7.4 Gift cards fall for gift cards 1 year after the purchase (or the shipping date for online purchases).
7.7.5 Gift cards that have expired or expired cannot be reimbursed or exchanged for cash.
7.8 All goods/clothing/gift cards are sent with DPD Tracked 48, unless they were bought together with a Doughut 6 pack or a DIY kit.
8. Risk of property
8.1 The products are responsible from the time of delivery (i.e. if they are picked up in our business by you or a courier service).
9. Restriction of liability
9.1 We are neither responsible nor liable for losses that result from the non -compliance with these conditions, including, but not limited to losses that fall in the following categories:
9.1.1 Loss of income or sales;
9.1.2 Loss of shops;
9.1.3 Loss of expected savings; or
9.1.4 Indirect damage or consequential damage.
9.2 If you act as a consumer, we do not rule out our liability for violations of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982.
9.3 In any case, we cannot limit or exclude our liability for:
9.3.1 Death or personal injury caused by our negligence; or
9.3.2 Fraud or fraudulent deception; or
9.3.3 Any other matter for which it would be illegal or illegal if we were excluded or restricted our liability.
10. Protection of data
10.1 All personal data we collect to process your order are processed in accordance with all applicable laws and the conditions of our data protection guideline, which can be viewed on our website at https://doughnuttime.de/privacy-policy/ We are changed from time to time by notification to them.
11. Ending
11.1 Without restricting our other rights or legal remedies, we can end or suspend the delivery of the products with immediate effect by a written notification if:
11.1.1 You commit a significant violation of determining these conditions;
11.1.2 We granted you credit conditions and you do not pay a due amount for the products on the due date; or
11.1.3 You are subject to an insolvency event, including, but not limited to a liquidation or bankruptcy proceedings, administration or a voluntary comparison.
12. General
12.1 We are neither responsible nor liable for delays in fulfilling or non -fulfillment of our obligations from this contract if the delay or non -fulfillment is due to a cause that is outside of our control.
12.2 If a determination of these conditions is explained by a court or a competent authority to be void, contestable, illegal or otherwise not enforceable, it is restricted or canceled to the greatest possible extent, so that these conditions are otherwise fully in force and enforceable.
12.3 The confirmation and these conditions contain the entire agreement between you and us and replace all previous agreements, whether in writing or orally. You confirm that you have not rely on oral or written assurances from us, our employees or our representatives.
12.4 Any message made within the framework of these conditions is valid if it is sent to the email address by email that one party has communicated (provided that the email is by a valid server -The delivery confirmation). A notification sent in accordance with this clause is considered at the time at which it is sent, provided that it is sent on one working day or in any other case on the next working day.
12.5 A change in these conditions is only binding if it takes place in writing and is signed by you and us.
12.6 A waiver of our part to punish an infringement against these conditions by it is not to be regarded as a waiver of an anxiety of later violations against them or other provisions.
12.7 These conditions can be enforced by a person who is not a contracting party according to the contracts (Rights of Third Parties) Act 1999.
12.8 These conditions are subject to German law, and the German courts are solely responsible for the decision of disputes in connection with these conditions.
13. Academy
13.1 Minors (children under the age of 16) must be accompanied by an adult who also participates in the academy class.
13.2 Open cuts/wounds have to be covered, preferably with a blue patch.
13.3 We provide aprons and protective equipment if necessary, but recommend wearing practical shoes and clothing. We accept no liability for damage or spots on clothing.
13.4.1 If you are late for the workshop, we will allow you to take part in the workshop if possible. If the course instructor believes that you have missed too much of the lessons or that this would disturb lessons too much for other students, this cannot be possible.
13.4.2 If you are delayed and the course instructor believes that you cannot take part in the course, no money will be refunded or a new appointment is offered.
13.5 If you want to cancel or move your academy course:
13.5.1 You can move the appointment with a period of at least 5 days before the chosen course.
13.5.1.2 For postponed courses, no refund is possible.
13.5.2 You can cancel your academy booking and apply for a complete reimbursement up to 2 or more weeks before the selected course. A cancellation after this time may no longer be possible or an administrative fee of € 20 per ticket is charged.
13.6 Permissible use of content.
13.6.1 Recipe books and reference works are made available to support the course participants in decorating donuts and are only intended for personal use.
13.6.2 The passing on of course materials through pressure, press, photocopy, email, blogs, internet or other digital transmission media is strictly prohibited without the express written approval of Doughnut Time.
13.7 We reserve the right to cancel or postpone bookings if we do not have enough participants for a course.
13.8 If you have requested a private academy class and want to cancel the booking, we need a pre-announcement of 2 or more weeks to cancel or move your booking. An administrative fee of € 80 is charged for the cancellation of private lessons.
14. Discounts/vouchers & loyalty cards
14.1 Discounts and vouchers cannot be redeemed after purchase and must be presented to an employee when ordering in the shop or when ordering online at the cash register.
14.3 With our loyalty card reward program, our customers can get a stamp for any donut bought in one of our branches. As soon as you have bought 8 donuts, you can request the 9th free of charge.
14.3.1 Customers can only redeem 2 full loyalty cards.
14.2 We reserve the right to reject a loyalty card if -
14.3.2.1 The stock is not sufficient to meet the application.
14.3.2.2 We have the impression that the loyalty card system is misused.
14.4 Our "MENTION ME Refer A FRIEND" program gives our regular customers and first buyers the opportunity to get a discount for a future order.
14.4.1 As soon as you have made a purchase, you have the opportunity to recommend us to as many friends or family members as you would like. This can be done by email, social networks or word of mouth.
14.4.2 You will only receive a discount code/an offer if one of your recommendation providers has made a purchase from us.
14.4.3 If the speaker has already bought from us in the past, his recommendation is invalid and you do not receive a discount/no offer for his purchase.
14.4.4 We reserve the right to change and create different discounts/offers and this can change from recommendation to recommendation. The discounts/offers can also be different for the advertiser and the advertised.
14.4.5 We reserve the right to refuse discounts/offers if we feel that the system is misused or exploited.