AGB

 

§ 1 Scope, definition

(1) These general terms and conditions (hereinafter "GTC") of Littlelunch GmbH (hereinafter also "we") apply to all contracts that a consumer or entrepreneur (hereinafter "purchaser") with Littlelunch GmbH as the seller of the goods listed in our online shop and complete services. These terms and conditions apply to the purchase of vouchers unless otherwise expressly regulated.

(2) The general terms and conditions listed by the seller apply exclusively, unless something else is expressly agreed. The inclusion of the customer's own conditions is contradicted. Deviating, conflicting or supplementary general terms and conditions of the customer are therefore not part of the contract.

(3) Unless expressly stipulated otherwise, these general terms and conditions also apply to the redemption of vouchers obtained through third parties.

(4) A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their commercial or independent professional activity.

(5) Our offer is aimed at end consumers in Germany and the goods or vouchers ordered are not intended for resale.

§ 2 Conclusion of contract, non-binding information, obligations of the customer

(1) All information on our goods and prices prior to the conclusion of the contract are subject to change and non-binding. The product images do not always have to match the appearance of the delivered products. Changes in the appearance of the products may occur after the manufacturers renew their product range. In this respect, there are no claims for defects.

(2)The offers of the products in the online shop do not represent a legally binding offer, but a non-binding online catalog, which merely represents a non-binding invitation to the customer to submit a binding offer.

(3) The customer can submit an offer by completely filling out and confirming the online order form provided by Littlelunch GmbH. The customer must first place the selected goods in the virtual shopping cart and go through the electronic ordering process. Subsequently, by clicking on the button “order subject to payment”, which concludes the ordering process, the customer makes a legally binding offer with regard to the goods and services he has added to the shopping cart. After submitting the order and thus submitting an offer to conclude a contract, the customer immediately receives an order confirmation by automated e-mail to the e-mail address provided by him. This e-mail then represents the acceptance of the contract by Littlelunch GmbH. In the event that technical problems should occur or the e-mail address given by the customer cannot be sent, the offer can also be accepted by sending it of the ordered goods take place within three days.

(4) Littlelunch GmbH can accept the customer's offer within three days. The assumption can be made as follows:

a.) With a written order confirmation via email. The decisive time of acceptance is the receipt of the order confirmation by the customer.

b.) By delivering the ordered goods. The decisive time of acceptance is the receipt of the goods by the customer.

c.) By requesting payment from Littlelunch GmbH.

If we do not accept the customer's offer within the above-mentioned period, this is deemed to be a rejection of the offer. A contract is then not concluded.

(5) The deadline for the declaration of acceptance begins on the day after the orderer's offer is sent and ends at the end of the third day following the sending of the offer.

(6) As soon as the offer is submitted via the online order form, this contract text will be saved by Littlelunch GmbH and sent to the customer after his order has been sent. The orders are archived by Littlelunch GmbH on its website. If the customer has created a free customer account, he can call up his orders at any time free of charge via his password-protected customer account by entering his login data.

(7) The order processing usually takes place via email and automated order processing. The customer must ensure that the e-mail address given by him when ordering is correct so that he can receive the e-mails sent by Littlelunch GmbH at this address. When using SPAM filters, the customer must ensure that all emails sent by Littlelunch GmbH can be delivered.

(8) All information provided by the customer in the ordering process must be up to date and true. The customer may not pass on his password to third parties. The password must be inaccessible to unauthorized persons. The login name and password must be kept separate from each other. The data as a whole must be stored securely. Littlelunch GmbH must be notified immediately in text form if the data is lost or passed on. For abuse, e.g. For any unauthorized orders from third parties with the customer's password and the resulting claims, the customer is liable in accordance with the statutory provisions.

§ 3 Contract types; Contract term, automatic renewal, termination

(1) The customer also has the option of taking out a subscription with a minimum term of 3 months. As a result, he or she can choose between one and four boxes a month with six soups each. The prices per box vary depending on the number of boxes selected. The boxes are delivered as a complete package once a month.

The price for a box per month depends on the products ordered.

(2) If the subscription is not canceled, it is automatically extended for an indefinite period. The contract is then no longer bound to a minimum term and can be terminated by the customer at any time as soon as possible.

(3) The customer can cancel the subscription at the end of the three months with a notice period of up to eight days before the next delivery. The cancellation can be made in writing by letter or email. The written cancellation by letter must be sent to: support@littlelunch.deLittlelunch GmbH, Am alten Schlachthof 1, 86153 Augsburg. The termination via email must be sent to the following email address: support@littlelunch.de. No reasons are required for termination. Cancellation before receipt of the first delivery is not possible.

(4) In the event of termination, the customer will be reimbursed the amount for any deliveries that have already been paid for but not made with the agreed delivery date after the termination period has expired.

(5) The right of both parties to extraordinary termination for good cause in accordance with § 314 BGB remains unaffected.

§ 4 Delivery, delivery requirements, retention of title, transfer of risk, interruption in delivery

(1)We deliver to the countries listed in the shipping overview to addresses with delivery service in the delivery areas specified on the website.

(2) We deliver to the address that the customer has given as the delivery address in his customer area / customer account on our website. A change of address becomes effective for the delivery, which according to the agreement should take place no earlier than the 8th day after the end of the day of the change of address.

(3) The customer undertakes to ensure that the goods can be handed over personally to the delivery address specified by him. If the handover is not possible, the purchaser is in default of acceptance.

(4) If it is not possible to park the goods, the contract can also be fulfilled by delivering the goods to a neighboring household or business.

(5) If the goods have not yet been paid for at the moment of personal delivery in accordance with Paragraph 4, we reserve ownership until the purchase price has been paid in full.

(6) If technically possible, the customer can suspend a delivery via his customer account, but for a maximum of 3 months. The notification of the interruption becomes effective for the delivery, which according to the agreement should take place no earlier than the 8th day after the end of the day of notification. However, the possibility of suspension cannot be guaranteed and is subject to the above condition.

§ 5 Liability for defects

(1) If there is a defect in the purchased item, the statutory provisions apply.  

(2) If the customer has requested supplementary performance by means of a replacement delivery and this has taken place, the customer is obliged to return the previously delivered goods to Littlelunch GmbH within 30 days of receipt of the replacement delivery at the latter's expense.

§ 6 Prices and shipping costs; Due date; Payment; On Bill; Retention

(1) All prices include sales tax and, unless otherwise agreed, exclusive of shipping costs. Any shipping costs incurred are specified separately for the respective product.

(2) The claims of Littlelunch GmbH are due immediately. When paying in advance, if this payment method is activated, the customer must transfer the outstanding amount to the account of Littlelunch GmbH within 7 working days of receiving the order confirmation. The customer can find the account details in the order confirmation. If the customer is in default of payment, the purchase price shall be subject to interest at 5 percentage points above the base rate during the default.

(3) Payment can be made through the methods indicated on the website. The goods are paid for by direct debit, by direct transfer, with Visa or Mastercard or PayPal after the purchase contract has been concluded, at the discretion of the customer. When paying by direct debit, the debit is made within one week of delivery of the goods. By choosing to pay by direct debit, the customer issues a SEPA mandate to Littlelunch GmbH, with which we are entitled to collect the invoice amount from the customer's account.

(4) You are only entitled to offset if your counterclaims have been legally established or are ready for decision or are undisputed by us. This does not apply to contractual or other claims from the initiation or implementation of this contractual relationship. You are only authorized to exercise a right of retention if your counterclaim is based on the same contractual relationship.

(5) When taking out a subscription, the account is charged once a month or weekly (depending on the subscription) for the duration of the contract. The account will be debited on the order date and in the chosen rhythm. Due to discounts and special promotions, there may be changing amounts debited during the subscription period. Please understand that for technical reasons the debit on your account may not be visible to you until a few days later.

(6) The redemption conditions for vouchers depend on the respective promotions. Unless individual voucher conditions have been specified, the general rule is that the vouchers cannot be combined with other discount campaigns.

(7) Unless otherwise described, there are no shipping costs when purchasing a subscription. Exceptions to this rule are deliveries abroad, special campaigns or vouchers and subscriptions which were concluded via Groupon.de.

§ 7 Liability, obligations of the customer

(1) In the event of damage, Littlelunch GmbH is liable for the purchaser from all contractual, contractual and legal, including tortious claims for compensation for damages and expenses as follows:

As the seller, littlelunch GmbH is fully liable for any legal reason

-       in the event of intent or gross negligence

-       in the event of negligent or willful injury to life, body or health

-       based on a guarantee promise, unless otherwise agreed in this regard

-       due to fraudulent misrepresentation

-       according to the product liability law

(2)If Littlelunch GmbH as the seller negligently breaches an essential contractual obligation, the liability is limited to the foreseeable, contract-typical damage. Essential contractual obligations are obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance of which the customer regularly trusts and may rely (cardinal obligation).

(3) In cases other than those mentioned in paragraph 1 and paragraph 2, Littlelunch GmbH's liability is excluded regardless of the legal basis.

(4) The liability regulations in the preceding paragraphs also apply to personal liability of the organs, employees and vicarious agents of Littlelunch GmbH..

(5) The customer is obliged to carefully read and observe the product, consumption and warning instructions for the products supplied before use.

§ 8 data protection

For data protection, please note our data protection information.

§ 9 Right of withdrawal and cancellation policy

cancellation policy

Right of withdrawal for consumers and a sample withdrawal form

Consumers - i.e. any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed - can revoke their contractual declaration for paid contracts under the following conditions:

Cancellation policy for the separate delivery of several goods

aa) In the case of a contract for one or more goods that can be shipped as a parcel, which reach the consumer in a single delivery or which are delivered separately as part of a single order for the goods ordered:

Right of withdrawal

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 last goods.

To exercise your right of withdrawal, you have to

Littlelunch GmbH

Am alten Schlachthof 1

86153 Augsburg

Tel: 0821/806 130 00

Fax: 0821/806 130 49

Email: service@littlelunch.de

by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can for that use

the attached model withdrawal form, which 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 has expired.

Consequences of withdrawal

If you withdraw from this contract, we will have given you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any 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, whichever is earlier.

You have to return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You 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 to check the nature, properties and functionality of the goods.

bb) In the case of a contract for the regular delivery of goods over a specified period of time:

Right of withdrawal

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 has taken possession of the first goods.

To exercise your right of withdrawal, you have to

Littlelunch GmbH

Am alten Schlachthof 1

86153 Augsburg

Tel: 0821/806 130 00

Fax: 0821/806 130 49

Email: service@littlelunch.de

by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can for that use

the attached model withdrawal form, which 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 has expired.

Consequences of withdrawal

If you withdraw from this contract, we will have given you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any 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, whichever is earlier.

You have to return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You 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 to check the nature, properties and functionality of the goods.

Model withdrawal form

If you want to cancel the contract, please fill out this form and send it back

- to

littlelunch GmbH

Am alten Schlachthof 1

86153 Augsburg / Germany

Email : service@littlelunch.de

- I / we (*) hereby revoke the contract concluded by me / us (*) on the

Purchase of the following goods (*) / 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 when notified on paper)

- Date

 

_______________ (*) Cross out what does not apply.

 

§ 10 Applicable law, dispute settlement, no ancillary agreements, changes to the terms and conditions, severability clause

(1) German law applies to the exclusion of the UN purchase law. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

(2) Littlelunch GmbH does not take part in a dispute settlement procedure before a consumer arbitration board and is not obliged to do so.

(3) If the customer acts as a merchant, legal entity under public law or a special fund under public law with headquarters in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to call the court at the customer's registered office.

(4) There are no side agreements.

(5) Littlelunch GmbH reserves the right to change these terms and conditions with effect for the future according to the following procedure: The customer will be notified of the proposed changes in advance. In addition, the customer is informed of his right to object. The changes are considered accepted if the customer does not object in writing within two months of the change notification. If the customer objects to the change, Littlelunch GmbH reserves the right to terminate the offer in the event of an unspecified duration or number of deliveries.

(6)Should individual provisions of these terms and conditions be or become fully or partially ineffective, the validity of the remaining provisions remains unaffected.

 

§ 11 Purchase on invoice

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Schweden, we offer the following payment options. Payment is made to Klarna:

Invoice: The payment period is 14 days from the dispatch of the goods / ticket / or, in the case of other services, the provision of the service. The full billing conditions for the countries in which this payment method is available can be found here: Germany, Finnland, Great Britain, Netherlands, Norway, Austria, Sweden.

The use of the payment methods invoice, hire purchase and direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. You can find more information and Klarna's terms of use here. You will receive general information about Klarna here. Your personal details will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarnas data protection information.

 

As of January  2021