LEGAL
Information according to §5 TMG
Operator of the website:
Goldstück GmbH.
Soyerhofstraße 28
81547 Munich
Phone: 089 96991339
E-mail: info@goldstueck-muenchen.de
Managing director:
Christin Vieweg | Master confectioner
Sales tax ID: DE303378764
Competent local court: Munich
Responsible person in terms of § 18 para. 2 MStV: Christin Vieweg, Soyerhofstraße 28, 81547 Munich, Germany
Website design: Lars Kienle, Nuremberg, www.larskienle.com
Disclaimer:
The contents of these pages have been prepared with the utmost care. However, we cannot guarantee the accuracy, completeness and up-to-dateness of the content.
Liability for links:
Our offer contains links to external websites of third parties, on whose contents we have no influence. Therefore, we cannot assume any liability for these external contents. The respective provider or operator of the pages is always responsible for the content of the linked pages.
PRIVACY
Responsible body in the sense of the data protection laws is:
Christin Vieweg
COVERY OF GENERAL INFORMATION
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When you access our website, information of a general nature is automatically collected. This information (server log files) includes, for example, the type of web browser, the operating system used, the domain name of your internet service provider and similar. This is exclusively information that does not allow any conclusions to be drawn about your person. This information is technically necessary in order to correctly deliver the contents of web pages requested by you and is compulsory when using the Internet. Anonymous information of this kind is statistically evaluated by us in order to optimise our Internet presence and the technology behind it.
COOKIES
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Like many other websites, we also use so-called “cookies”. Cookies are small text files that are transferred from a website server to your hard drive. Through this, we automatically receive certain data such as IP address, browser used, operating system about your computer and your connection to the Internet.
Cookies cannot be used to run programs or deliver viruses to a computer. The information contained in cookies enables us to facilitate your navigation and to display our web pages correctly.
Under no circumstances will the data we collect be passed on to third parties or linked to personal data without your consent.
Of course, you can also view our website without cookies. Internet browsers are regularly set to accept cookies. You can deactivate the use of cookies at any time via your browser settings. Please use the help functions of your internet browser to find out how to change these settings. Please note that individual functions of our website may not work if you have deactivated the use of cookies.
REGISTRATION ON OUR WEBSITE
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When you register to use our personalised services, some personal data is collected, such as your name, address, contact and communication details such as telephone number and email address. If you are registered with us, you can access content and services that we only offer to registered users. Registered users also have the option of changing or deleting the data provided during registration at any time, if necessary. Of course, we will also provide you with information about the personal data we have stored about you at any time. We will also be happy to correct or delete this data at your request, provided there are no legal obligations to retain data. To contact us in this context, please use the contact details provided at the end of this privacy policy.
SSL CONFIDENTIALITY
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To protect the security of your data during transmission, we use state-of-the-art encryption procedures (e.g. SSL) via HTTPS.
CONTACT FORM
If you contact us by e-mail or contact form, the information you provide will be stored for the purpose of processing the enquiry and for possible follow-up questions.
Deletion or blocking of data
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We adhere to the principles of data avoidance and data economy. We therefore only store your personal data for as long as is necessary to achieve the purposes stated here or as stipulated by the various storage periods provided for by law. After the respective purpose has ceased to exist or these periods have expired, the corresponding data is routinely blocked or deleted in accordance with the statutory provisions.
USE OF SCRIPT LIBRARIES (GOOGLE WEBFONTS)
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In order to display our content correctly and in a graphically appealing manner across browsers, we use script libraries and font libraries such as Google Web Fonts (https://www.google.com/webfonts/) on this website. Google Web Fonts are transferred to your browser’s cache to avoid multiple loading. If the browser does not support Google Web Fonts or prevents access, content is displayed in a standard font.
Calling up script libraries or font libraries automatically triggers a connection to the operator of the library. It is theoretically possible – although it is currently unclear whether and, if so, for what purposes – that the operators of such libraries collect data.
The privacy policy of the library operator Google can be found here: https://www.google.com/policies/privacy/
SOCIAL PLUGINS
Social plugins from the providers listed below are used on our websites. You can recognise the plugins by the fact that they are marked with the corresponding logo.
Information, which may also include personal data, may be sent to the service provider via these plugins and may be used by the service provider. We prevent the unconscious and unintentional collection and transmission of data to the service provider by using a 2-click solution. To activate a desired social plugin, it must first be activated by clicking on the corresponding button. Only this activation of the plugin also triggers the collection of information and its transmission to the service provider. We ourselves do not collect any personal data by means of the social plugins or about their use.
We have no influence on what data an activated plugin collects and how it is used by the provider. At present, it must be assumed that a direct connection to the provider’s services is established and that at least the IP address and device-related information is collected and used. There is also the possibility that the service providers try to save cookies on the computer used. Please refer to the data protection information of the respective service provider to find out which specific data is collected and how it is used. Note: If you are logged into Facebook at the same time, Facebook can identify you as a visitor to a particular page.
We have integrated the social media buttons of the following companies on our website:
Facebook Inc. (1601 S. California Ave – Palo Alto – CA 94304 – USA)
Instagram Inc. (200 Jefferson Dr, 94025 Menlo Park – USA)
Twitter Inc. (1355 Market Street, San Francisco, CA 94103 – USA)
USE OF GOOGLE MAPS
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This website uses Google Maps API to visually display geographical information. When using Google Maps, Google also collects, processes and uses data about visitors’ use of the map functions. You can find more information about data processing by Google in the Google privacy policy. There you can also change your personal data protection settings in the data protection centre.
Detailed instructions on managing your own data in connection with Google productscan be found here.
INTEGRATED YOUTUBE VIDEOS
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We embed YouTube videos on some of our websites. The operator of the corresponding plugins is YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. When you visit a page with the YouTube plugin, a connection to YouTube servers is established. This tells Youtube which pages you are visiting. If you are logged into your YouTube account, YouTube can assign your surfing behaviour to you personally. You can prevent this by logging out of your Youtube account first.
If a Youtube video is started, the provider uses cookies that collect information about user behaviour.
If you have deactivated the saving of cookies for the Google Ad programme, you will not have to expect any such cookies when watching Youtube videos. However, Youtube also stores non-personal usage information in other cookies. If you wish to prevent this, you must block the storage of cookies in your browser.
Further information on data protection at “Youtube” can be found in the provider’s data protection declaration at: https://www.google.de/intl/de/policies/privacy/
YOUR RIGHTS OF ACCESS, REVIEW, LOCK, DELETION AND OPPOSITION
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You have the right to obtain information about the personal data we hold about you at any time. You also have the right to have your personal data corrected, blocked or, apart from the mandatory data storage for business processing, deleted. Please contact our data protection officer for this purpose. You will find the contact details at the bottom of this page.
To ensure that a blocking of data can be taken into account at any time, this data must be kept in a blocking file for control purposes. You can also request the deletion of data, unless there is a legal archiving obligation. If such an obligation exists, we will block your data upon request.
You can make changes or revoke consent by notifying us accordingly with effect for the future.
ÄNDERUNG UNSERER DATENSCHUTZBESTIMMUNGEN
We reserve the right to amend this data protection declaration from time to time so that it always complies with the current legal requirements or in order to implement changes to our services in the data protection declaration, e.g. when introducing new services. The new data protection declaration will then apply to your next visit.
QUESTIONS TO THE DATA PROTECTION OFFICER
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If you have any questions about data protection, please email us or contact us directly at:
Christin Vieweg info[at]goldstueck-muenchen.de
GENERAL TERMS AND CONDITIONS
General Terms and Conditions Goldstück GmbH .
1. scope of application
1.1 For all deliveries and services of Goldstück GmbH, with the exception of the courses, the following General Terms and Conditions shall apply exclusively. The General Terms and Conditions – Courses. shall apply to the courses.
1.2 Goldstück GmbH does not recognise the buyer’s general terms and conditions unless it has expressly agreed to their validity. This shall also apply if Goldstück GmbH performs the services without reservation in the knowledge of conflicting or deviating terms and conditions of the buyer. In business dealings, the General Terms and Conditions of Business shall also apply to future business relations with the purchaser without the need for express reference to them in each case.
2 Conclusion of contract and payment
With the order of the goods by the buyer, the contract is concluded on the basis of the current prices of Goldstück GmbH at the time of the order.
2.1 Cakes and custom-made products
After receipt of the order confirmation, a deposit of 50% of the invoice amount is due. The remainder is due 14 days before the date. If payment is not made on time and the buyer cannot be reached in person, by telephone or by e-mail, the order will not be executed.
Orders can be placed in person, by fax, e-mail or post.
Surcharges will be levied for orders placed at shorter notice, depending on the size of the cake and the availability of the product components.
2.2 Orders in the shop
A deposit is generally due for orders. This will be determined by Goldstück GmbH when the order is placed. The invoice amount is to be paid without deductions. In the case of payment after invoicing, payment shall be made immediately upon receipt of the invoice. If the buyer does not meet his payment obligation in due time, Goldstück GmbH reserves the right to hand over the claim to a collection agency for collection after the 2nd reminder.
Goldstück GmbH is entitled to charge any reminder and collection costs.
3 Cancellation
In case of cancellation of the order with less than 7 days before the delivery date, the customer is obliged to pay.
If the order is cancelled with less than 14 days before the delivery date, 35% cancellation fee will be charged.
4. prices
The prices according to the prices of Goldstück GmbH valid at the time of the order and the agreed total price shall apply. The calculation is made in euros, in each case including the statutory value added tax and the packaging costs, plus delivery costs in the case of delivery.
5. reservation of right to change
Should raw materials necessary for the manufacture of the ordered goods exceptionally not be available for production, we reserve the right to deliver equivalent goods from our range and thus to change our performance insignificantly.
6. delivery
In the event of delivery of the goods by Goldstück GmbH, delivery costs shall be incurred. These depend on the transport route and will be notified to the buyer in writing when the order is processed. Delivery shall be made on the agreed date. Goldstück GmbH must be notified in writing of any changes to the delivery date. The purchaser shall inform Goldstück GmbH in writing of the delivery address. This must be complete and include a contact person (recipient) on site. The buyer/customer is liable for errors in the delivery address, missing contact persons or if the recipient is not known at the address given.
Deliveries of cakes to high-rise office buildings will be delivered to the reception/doorman on the ground floor. Extra requests must be agreed.
6.1 Delivery dates
Possible delivery dates are Tuesday to Saturday from 10.00 to 17.00. Deliveries outside these times as well as on Sundays and public holidays will be charged with surcharges.
7. place of delivery
The delivery location must be freely accessible, i.e. directly accessible with the delivery vehicle.
8 Acceptance
The buyer shall accept the goods upon delivery by Goldstück GmbH. The buyer must inspect the goods with reasonable thoroughness. Recognisable defects and complaints can only be asserted immediately after acceptance or delivery and must be noted on the delivery note. If the goods cannot be handed over at the specified delivery address for reasons for which Goldstück GmbH is not responsible or if the buyer or recipient refuses to accept the goods, Goldstück GmbH is entitled to charge the buyer the full purchase price. The costs of return transport and other costs arising from non-acceptance shall be borne by the buyer. This shall also apply in case of collection of the goods by the buyer.
The buyer shall only be entitled to a right of revocation or return if the order does not involve quickly perishable goods. (§ 7 Para. 6 No. 5 LMKV).
9 Transfer of risk upon delivery
In commercial transactions, the risk of accidental deterioration, diminution in value, damage and loss of the goods shall pass to the buyer upon delivery of the goods to the agreed recipient or buyer at the stated delivery address. The buyer is responsible for the proper storage of the goods after delivery. The goods should be stored in a cool, dry and odour-free place.
10. rental
If cake stands, etagères or other means are lent for the order, a deposit fee will be charged. The return period for the items on loan is 5 working days, stating the order number. In the event of late or defective return, a fee in the amount of the replacement price will be charged and offset against the deposit fee paid. In the event of proper and defect-free return of the loaned goods, the deposit fee shall be refunded to the buyer without delay.
11 Transport damage – defects
The goods shall be inspected by the buyer upon delivery and handover by Goldstück GmbH. Visible transport damage, defects of the goods are to be reported to Goldstück GmbH immediately and must be noted in writing on the delivery note. Goldstück GmbH shall not be liable for damage caused by force majeure or accidents not caused by the buyer.
12 Offsetting – Assignment
The buyer may only set off counterclaims against claims of Goldstück GmbH if such counterclaims are undisputed or have become res judicata.
The assignment of claims against Goldstück GmbH is only possible with its prior written consent. There is no entitlement to such consent. § Section 354 a HGB remains unaffected.
13 Applicable law – place of jurisdiction
The contractual relations between Goldstück GmbH and the buyer are subject exclusively to the law of the Federal Republic of Germany.
If the buyer is an entrepreneur, the place of jurisdiction shall be Munich or, at the buyer’s option, a general place of jurisdiction.
14 Data protection
Data shall be stored and processed by Goldstück GmbH in compliance with the relevant provisions of the Federal Data Protection Act (BDSG) and the Telephone Service Data Protection Act (TDDSG). Personal data will only be collected for specified, clear and lawful purposes and will not be kept longer than necessary. The purchaser has a right to information as well as a right to correction, blocking and deletion of his stored data. Goldstück GmbH does not pass on personal data to third parties. Excluded from this are service partners who require the transmission of data for order processing or collection. In these cases, however, the scope of the transmitted data is limited to the necessary minimum.
15 Right of withdrawal
The buyer has no right of revocation or return according to §§ 355, 356 BGB (German Civil Code), as the goods can spoil quickly (§ 312 d Abs. 4 Ziff. 1 BGB).
GENERAL TERMS AND CONDITIONS COURSES
General Terms and Conditions Goldstück GmbH – Courses
1. scope of application
1.1 These terms and conditions apply to the participation in a course of Goldstück GmbH (hereinafter: organiser). The courses are conducted under professional supervision. The course is led by Mrs. Christin Vieweg. She reserves the right to delegate the management to other employees of Goldstück GmbH.
1.2 The participant’s terms and conditions of business shall only apply if this has been expressly agreed in advance. 2.
2 Participation fees, conclusion of contract, payment
2.1 The participation fees for the respective courses can be found in the current programme offer. The prices are per person and include value added tax.
2.2 Registration for the respective courses can be made by telephone, in writing, by post and by e-mail. The participant’s registration is to be understood as an offer to conclude a contract. Upon acceptance of the offer by sending the written order confirmation with invoice by the organiser, a service contract is concluded with the participant.
2.3 Upon acceptance of the offer, the participant undertakes to pay the participation fee to the account stated in the invoice within 7 days of receipt of the order confirmation. The receipt of payment shall be decisive for the observance of the deadline.
2.4 If the booking is made at short notice with the result that the deadlines cannot be met, payment must be made no later than on the day of the cooking course.
2.5 Payments shall be made stating the invoice number and the date of the event.
2.6 If payment is not received by the aforementioned deadline, the organiser is entitled to exclude the participant from the event or to allocate the place to someone else.
3. termination, change, cancellation
3.1 The contract may not be unilaterally terminated or cancelled by either party, unless otherwise stated below.
3.2 However, the organiser reserves the right to combine or postpone courses if the minimum number of participants of 5 persons is not reached, or if the course instructor is prevented from attending (e.g. due to illness) before the start of the course, or to cancel courses at its own discretion with a full refund of the participant fee already paid. Other claims of the participant are excluded.
3.3 In the event of cancellation by the participant at least 14 days before the course date, the participant may choose between a voucher or a refund of the participant fee. In the event of cancellation on the part of the participant within 7 days prior to the start of the course, the organiser is free to demand the contractually owed participation fee and to make a flat-rate deduction for saved expenses (at least 70% of the contractually agreed price). In this case, 30% of the course fees will be refunded. In the event of cancellation within 3 days of the start of the course or if the participant fails to attend the booked course, the participation fee will not be refunded or the course will be made up for at another time.
3.4 The participant has the right to prove that the amount that is appropriate in the specific case is lower than the flat-rate amount.
3.5 The transferability of the participation to a third person remains unaffected. The participant has the right to transfer his/her participation to another person at any time after consultation with the organiser.
3.6 Cancellations can only be made in writing.
4 Liability
4.1 Participation in the cooking courses is at your own risk.
4.2 The organiser is liable in cases of intent or gross negligence on the part of the organiser or a representative or vicarious agent in accordance with the statutory provisions. Otherwise, the organiser shall only be liable for injury to life, limb or health and for culpable breach of essential contractual obligations.
4.3 The course participant is personally liable for the Organiser’s facilities and objects damaged by him. He/she shall be liable for damage and accidents caused by him/her to other course participants.
5. hygiene regulations
Every participant is obliged to behave hygienically.
Hands must be washed with soap and water at the beginning of the course and after using the toilet. During the courses, aprons should be worn, which will be provided. All instructions given by the course leader on the hygienic handling of food must be followed by the participant. Participants with open or infected wounds on their hands or forearms will be excluded from participation in the cooking course. The same applies to persons with fever, cough, cold or other potentially contagious diseases.
6. final provisions
6.1 Amendments or additions to the contract, the acceptance of the application or these terms and conditions must be made in text form in order to be effective. Unilateral amendments or supplements by the participant are invalid.
6.2 The place of performance and payment shall be the registered office of the organiser.
6.3 The exclusive place of jurisdiction for commercial transactions is the Organiser’s registered office. The same applies if the participant fulfils the requirements of § 38 Para. 2 ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany.
6.4 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In this case, the parties shall agree on a new provision that comes as close as possible to the content of the invalid provision.