General terms and conditions (GTC) and consumer information

As of: 12/2020

General terms and conditions and consumer information within the framework of purchase contracts concluded via the online shop between the Hokey Pokey ice cream patisserie owner Niko Robert hereinafter (Seller) - and the customer - hereinafter (Customer). ß 1 Scope and general information

(1) Subject to individual agreements and agreements that take precedence over these General Terms and Conditions, apply exclusively to the business relationship between the seller and the customer the following general terms and conditions. Unless otherwise agreed, the Inclusion of the customer's own conditions is contradicted.

(2) The customer is a consumer if he concludes the contract for purposes that are predominantly neither can be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or one with legal capacity A partnership that enters into a legal transaction in the exercise of its commercial or independent professional activity. ß 2 Conclusion of contract (1) The contract comes into effect with: Hokey Pokey ice cream patisserie Owner Niko Robert Berlin penalty 49 13189 Berlin

(2) The essential characteristics of the goods result from the respective ones set by the seller Product description. (3) All offers in the seller's online shop are merely non-binding An invitation to the customer to make a corresponding purchase offer to the seller. As soon as Once the seller has received the customer's order, the customer will first receive a confirmation the order is sent to the seller, usually by email (order confirmation). The Order confirmation does not constitute acceptance of the order. After receipt of the order The seller will check this at short notice and send it to the customer within 2 working days inform you whether he accepts the order (order confirmation). The ordering process in the online shop of the seller works as follows: (4) The customer can select products from the seller's range and use the button (Add to cart) in a so-called shopping cart. By clicking on the button (shopping cart) the customer receives an overview of the selected products. via the button (Buy now). he submits a binding application to purchase the goods in the shopping cart. Before sending the The customer can order the data at any time using the arrow keys Browser functions (Back) and (Next) the order entered and the entered data change and view. The application can only be submitted and transmitted if the customer submits Clicking on the button (Accept General Terms and Conditions) accepts these contractual conditions and thereby enters into his application has been accepted. The seller then sends the customer an automatic one Confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the (Print) function. The automatic one Confirmation of receipt simply documents that the customer's order has been placed with the seller has been received and does not constitute acceptance of the application. The contract only comes into effect when it is submitted the declaration of acceptance by the seller, which is sent in a separate email.

3 Subject of the contract, quality, delivery, availability of goods (1) The subject matter of the contract is the goods and services specified by the customer as part of the order and mentioned in the order and/or order confirmation and those mentioned in the online shop final prices. Errors and errors are reserved there, especially with regard to the availability of goods regards. (2) The nature of the goods ordered can be found in the product descriptions in the online shop. Illustrations on the website may only reflect the products inaccurately; Colors in particular can vary significantly for technical reasons. Images are for purposes only as illustrative material and may differ from the product. Technical data, weight, dimensions and Description of services are given as precisely as possible, but can be the usual ones have deviations. The properties described here do not constitute defects in the product products delivered by the seller. (3) There are no copies of the product selected by the customer at the time of the order If the product is available, the seller will inform the customer of this in the order confirmation. Is that If the product is permanently unavailable, the seller will not issue a declaration of acceptance. A contract does not occur in this case. (4) If the product specified by the customer in the order is only temporarily unavailable, please inform us the seller will also inform the customer of this immediately in the order confirmation. At a If delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract to resign. In this case, the seller is also entitled to withdraw from the contract. He will immediately reimburse any payments the customer may have already made. ß 4 Delivery, prices, shipping costs (1) Delivery to the shipping company takes place no later than two days after receipt of payment Payment by cash on delivery no later than two days after order confirmation. The delivery time is up to to five days. The seller will point out any different delivery times on the respective product page.

(2) Delivery only takes place within the EU. (3) All item prices include statutory VAT. The prices shown are Final sale prices plus shipping costs. The customer receives an invoice with stated VAT.

5 payment Payment is made in advance (PayPal, bank transfer) or cash on delivery. ß 6 transport damage (1) If goods are delivered with obvious transport damage, the customer is asked to complain about these errors immediately to the delivery person and to contact the seller as quickly as possible to record. (2) Failure to make a complaint or contact us has legal consequences The customer's warranty rights have no consequences, but it helps the seller to get their own To be able to assert claims against the carrier or the transport insurance company. ß 7 Warranty for material defects (1) The provider is liable for material defects in accordance with the applicable legal regulations, in particular ßß 434 ff BGB. (2) A guarantee only exists for the goods delivered by the provider if this is expressly stated in the Order confirmation has been submitted for the respective item. (3) Complaints and claims for liability for defects can be made at: Provide the address provided on your provider identification. ß 8 Retention of title The delivered goods remain the property of the seller until full payment has been made. ß 9 liability The legal regulations apply.

10 Contract text The contract text is stored on the seller's internal systems. The general ones The customer can view the terms and conditions at any time in his customer account. The order details and the terms and conditions will be sent to the customer by email. After completing the order, they are Order data is no longer accessible via the Internet for security reasons. ß 11 final provisions (1) The contract language is German. (2) The law of the Federal Republic applies to contracts between the seller and the customer Germany to the exclusion of the laws governing the international purchase of movable goods Application. This choice of law only applies to consumers to the extent required by mandatory provisions the protection granted by the law of the country of habitual residence of the consumer Customers are not withdrawn. (3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes is determined Contractual relationships between the customer and the seller are the location of the seller's registered office. This applies also if the customer does not have a general place of jurisdiction in Germany or the EU Residence or habitual residence is not known at the time the action is filed.

Source: © Attorney Jacob Metzler
www.rechtsanwalt-metzler.de

Right of withdrawal for consumer orders Right of cancellation

•You have the right to cancel this contract within one month without giving any reasons.
•The cancellation period is two weeks from the day on which you/you a designated third party, which is not the carrier, has/has taken possession of the goods.
•To exercise your right of withdrawal, you must inform Hokey Pokey by means of a clear statement (letter, fax or e-mail) about your If you decide to revoke this contract, please inform us.
•You can use the attached sample cancellation form or write it informally. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of cancellation

•If you cancel this contract, we will repay all payments we have received from you (including delivery costs) at the latest within four weeks from the day, on which we received notification of your revocation.
•The repayment will be made to the objector by bank transfer. You will not be charged any other fees for this repayment.
•We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back.
•You must return the goods to us (ice cream patisserie Hokey Pokey, Berliner Straße 49, 13189 Berlin) to be returned or handed over.
•The deadline is met if you send the goods before the deadline of two weeks has expired.
•We bear the costs of returning the goods.
•You only have to pay for any possible loss in value of the goods if this is due to improper handling by you when checking the goods or due to insufficient packaging when returning.
End of cancellation policy

Sample cancellation form
(If you want to cancel the contract, please fill out this form and send
it back.)
– To [here is the name, address and, if applicable, the fax number and e-mail address
of to be inserted by the entrepreneur]:
– I/we (*) hereby revoke 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 for paper notification)
– Date
___________
(*) Delete what is not applicable.