Terms and Conditions for 'Süsse Flora - Tortenatelier' © Deliveries and Services
1. Conclusion of Contract and Prices
As a result of a consultation and tasting session, we will send you an offer with reference to these terms and conditions. Additional services such as transportation costs or equipment orders will be specified separately in the offer. A binding contract is formed when you confirm the offer. The price depends on factors such as originality, artistic effort, actual size, ingredients used, and decorative effort.
If the offer is updated at a later time and a new offer is created, the original offer becomes invalid. If not specified at the time of contract formation, additional delivery costs are incurred for the delivery of the goods, based on the distance to and from our business, any climate control requirements, vehicle size, and expected time required. Delivery is made free to the unloading point for the client. The client can and should designate another authorized recipient for the delivery.
2. Payment and Due Date for the Total Amount
We generally invoice for the down payment upon contract formation. The remaining payment is usually due 4 weeks before the delivery date. The invoice amount is payable without deductions within 14 days. Payment can be made in cash on-site or by bank transfer to our bank account. You can find our bank details on our invoice.
In case a due payment is not made four weeks before the planned delivery date, we may unilaterally refuse to fulfill the contract. In this case, we will notify you in writing to the address specified in the offer, indicating the cancellation costs incurred.
3. Important Deadlines for Changes to Your Order
Any changes to the shape, design, and type of the cake after the contract is concluded can only be considered if they comply with our operationally necessary deadlines. Please note that our wedding cakes are custom-made, requiring a lengthy planning phase and extensive handmade work. We are also limited in capacity as a small atelier and can only accept a limited number of orders. It's important to understand that the contract content can no longer be changed no later than 4 weeks before the production begins. In your own interest, especially for wedding cakes, you should contact us at least 3 to 6 months before the agreed completion date if changes are needed. Regardless of the above terms and conditions, the following deadlines must be observed: Up to a maximum of 4 weeks before the completion of the products, only "minor changes" can be made. This primarily concerns changes regarding color, flavor, and minor design details. This means that adjustments such as changing from a 3-tier to a 1-tier cake, the number of people, or personalized decorations are no longer possible.
4. Cancellation Deadlines and Costs
As an atelier for custom work with high artistic and taste requirements and limited capacity for handmade production, we can only partially refund the prepaid invoice amounts in the event of contract cancellations in very few exceptional cases. Last-minute gaps in orders are not compensable under our business model. Furthermore, the artistic and taste planning embedded in your product is largely fulfilled at the time of contract formation.
In this regard, the following cancellation regulations apply in case of customer termination of our contract:
- For cancellations more than 8 calendar weeks before the delivery date, we will refund 60% of the down payment; amounts paid for tastings are excluded from the refund.
- For cancellations between 4 and 8 calendar weeks before the delivery date, we will refund 40% of the down payment; amounts paid for tastings are excluded from the refund.
- For cancellations less than 4 weeks before the delivery date, we can only offer refunds based on non-incurred expenses for ingredient procurement or untriggered third-party orders, taking into account special regulations for perishable goods according to §§ 355, 356 of the German Civil Code (BGB) in conjunction with § 312d para. 4 no. 1 BGB.
Applicable cancellation regulations in the event of cancellation by Süsse Flora:
Süsse Flora reserves the right to cancel previously confirmed offers and initiate the refund within 14 business days. Cancellation by us can occur up to 14 days before the delivery date.
4.1. Special Provision Regarding COVID-19 Pandemic
In the event of a lockdown imposed by the Federal Republic of Germany that necessitates the rescheduling of your event, we offer the following options:
- If the event is rescheduled within the same year, we offer a price guarantee, and your offer remains valid.
- If the event is rescheduled to a different year, we offer to credit the down payment toward the new offer.
5. Acceptance and Transfer of Risk, as well as Obligation to Raise Objections and Complaints
The buyer must accept the ordered goods upon delivery and immediately check them for defects. Visible defects and complaints can only be raised promptly upon acceptance or delivery. Written notice is required for making complaints. This also applies if you are dissatisfied with the product, for example, if the design, color, or taste significantly deviates from the agreed product. Please note that all our products are custom-made on-site for you, and variations in specified sizes and weights, appearance, and text or logo are not always avoidable due to the craftsmanship involved. Therefore, there is no entitlement to a reduction or other warranty rights unless such deviations are obvious, i.e., easily visible to anyone at first glance. Smaller or insignificant variations are acceptable, although we always strive to minimize them.
If, for reasons beyond our control, the goods cannot be delivered to the specified delivery address or if the buyer or the authorized recipient for receipt refuses to accept them, our contractually owed performance is considered fulfilled. In this case, we will document the time and place of the failed delivery and make reasonable efforts to contact you.
If you choose to pick up the orders yourself, we will provide information on transportation and storage in our Cake Care Guide.
The risk of accidental deterioration, loss of value, damage, and destruction of the goods passes to you or the recipient designated by you upon their delivery. You are solely and exclusively responsible for the proper storage of the goods after delivery. We are not liable for any defects resulting from improper storage or transport of the products after delivery.
6. Delivery of Goods Only to the Correct Address
You have the option to use our delivery service for an additional fee. If you wish to have a delivery, please place the order at least 6 weeks before the delivery. The additional costs depend on factors such as the distance from our business and the specifics of the cake (as mentioned above). Delivery is made at the agreed date and location. The delivery address is documented in our order confirmation and confirmed by you upon order acceptance. It should be complete in your interest and should include an authorized recipient on-site, besides you. You are solely responsible for any errors in the delivery address. The delivery location must be easily accessible, meaning it can be reached directly by a standard delivery vehicle without violating any applicable laws. If this is not the case, we have the right to request delivery at an appropriate location closest to the desired unloading point.
7. Rental of Presentation Items / Rental Items
For the presentation of your cakes, you can rent a portion of our equipment such as cake stands, tiered displays, candy carts, cake utensils, etc., for a rental fee and by providing a security deposit. We will refund the security deposit once you return the rental items undamaged and cleaned within one week after the contractual delivery date. If the rental items are not returned properly or on time, a fee equal to the replacement cost will be charged and offset against the provided security deposit. The same applies to damages to the rental items. The buyer is responsible for independently returning the thermal box to the address of Süsse Flora | Tortenatelier and Event Catering.
8. Liability
Our liability for damages and reimbursement of wasted expenses due to defects in delivery or performance, as well as the violation of other non-contractual obligations, is limited to intent and gross negligence. This does not apply in cases of injury to life, body, or health, as well as liability under product liability laws. In all other cases, compensation for damages due to the violation of material contractual obligations is limited to the replacement of damages that were foreseeable at the time of contract formation. All liability limitations apply equally to our vicarious agents. These provisions do not shift the burden of proof to the detriment of the buyer. We are not liable for damages resulting from force majeure.
9. Offset
You can only set off our claims with counterclaims that are undisputed or legally determined.
10. Retention of Title
The goods remain our property until full payment is received.
11. Image Rights
The texts, photos, images, graphics, illustrations, as well as all trademarks, patents, utility models provided by us are typically protected by industrial property rights against unauthorized use. Use beyond the selection and purchase of a product requires our prior written consent.
12. Severability Clause, Jurisdiction
If individual provisions of these terms and conditions are wholly or partially invalid, this does not affect the validity of the remaining regulations. Rather, in this case, the parties agree to find a regulation that most closely corresponds to the intended purpose at the time of contract formation, both in terms of content and economically. The same applies in the event of any regulatory gap.
Jurisdiction for any disputes arising from the contract and these terms and conditions is Berlin.
Berlin, January 1, 2020
Franziska Oeser
Süße Flora - Tortenatelier und Eventcatering
Heinrich-Roller-Straße 5
10405 Berlin
