1. scope of application and validity; amendment of the General Terms and Conditions; definitions

I. These General Terms and Conditions (hereinafter referred to as GTC) apply between Cook in the Boxx GmbH & Co. KG, Ludwig-Kirsch-Str. 9, 09130 Chemnitz and the respective customer for purchase contracts for vouchers and other products (hereinafter referred to as products) that are sold via the online store on the website www.thecookfamily.de unless otherwise agreed in individual cases. 

II These GTC apply exclusively. Conflicting, deviating and/or supplementary provisions of the customer shall not become part of the contract even if Cook in the Boxx GmbH & Co. KG does not expressly object to them. These GTC shall also apply if Cook in the Boxx GmbH & Co. KG performs the contractual service without reservation in the knowledge of conflicting, deviating or supplementary provisions of the customer. This also applies to GTCs that are mentioned in order or other confirmations from the customer. The customer's GTC shall only become part of the contract if they are expressly recognized in writing by Cook in the Boxx GmbH & Co;

III. the GTC can be viewed by the customer at any time under the corresponding link (AGBs) can be viewed, printed out and saved in reproducible form on the Cook in the Boxx GmbH & Co. KG website. The currently valid version can also be viewed on the premises of Cook in the Boxx GmbH & Co. KG. By placing an order, the customer agrees to the validity of the GTC valid at the time of the order;

IV. The current version of the GTC at the time of the conclusion of the contract shall apply without the need for a separate notice of amendment. Cook in the Boxx GmbH & Co. KG reserves the right to amend these GTC to restore the balance of the contractual relationship. Should such an amendment place the customer in a worse position with regard to the time of conclusion of the contract, this amendment shall only be effective if it is necessary due to technical or legal changes that have occurred after conclusion of the contract and were not foreseeable with certainty at the time of conclusion of the contract, which Cook in the Boxx GmbH & Co. KG  has not initiated and over which Cook in the Boxx GmbH & Co. KG has no influence. The customer's consent is required for changes to essential provisions of these GTC after conclusion of the contract, in particular those concerning the type and scope of the services provided. Such changes are only permissible if they are reasonable for the customer, taking into account the interests of the customer and Cook in the Boxx GmbH & Co. KG and have become necessary due to technical or calculatory changes in market conditions after conclusion of the contract or due to third parties changing their range of services or increasing their prices. The price change is limited to the extent of the cost change. The customer's consent shall be deemed to have been given if Cook in the Boxx GmbH & Co. KG notifies the customer of the change in text form and the customer does not object to the change within the reasonable period contained in the notification. Cook in the Boxx GmbH & Co. KG shall inform the customer in this notification of the consequences of failing to object. 

V. Customer within the meaning of these GTC is any natural or legal person who concludes a purchase contract with Cook in the Boxx GmbH & Co. KG . A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.

2. Conclusion of contract; Product images and descriptions; Types and redemption of vouchers

I. The presentation of the products in the online store represents a non-binding online catalog and not a legally binding offer within the meaning of §§ 145 ff. BGB (German Civil Code). Placing products in the shopping cart does not constitute the submission of a purchase offer. Only by clicking on the "Buy now" button does the customer place a legally binding order for the products contained in the shopping cart;

II Immediately after sending the order, Cook in the Boxx GmbH & Co. KG confirms receipt of the order by e-mail and informs the customer about the details of his order. This confirmation of receipt does not constitute acceptance of the contract. Only the sending of an order confirmation, the confirmation of dispatch or the delivery of the products ordered by the customer shall constitute acceptance of the offer. The contract is only concluded at this point in time;

III. Cook in the Boxx GmbH & Co. KG reserves the right not to accept the order in the event that the respective product stock has been used up, about which the customer will be informed. In addition, Cook in the Boxx GmbH & Co. KG reserves the right to reject incoming order inquiries - even without giving reasons - and the customer will also be informed of this. Any payments already made will be refunded to the customer as quickly as possible via the payment medium used to pay for the order.

IV. The shopping cart and the text of the contract are not saved for system-related reasons. However, the customer is free to print out the relevant page of the online store during the ordering process using the print function of his browser;

V. The product descriptions and the photographs and illustrations used in the online store are only sample illustrations, serve as a general description as well as an experience and product presentation, are therefore non-binding and may vary. Packaging and gift boxes are only part of the product if this is explicitly stated. Merchandising products offered in the online store may differ slightly in shape and color from the photographs of the merchandising products contained in the online store. 

VI. the descriptions and illustrations of the experiences may differ in their actual execution, coloring and design from the images, but their value remains identical. The details regarding the duration of the experiences offered are for guidance only and are non-binding. The experiences may take place in groups, together with other participants, in accordance with the details in the respective experience description. Waiting times for the experiences cannot be ruled out. Cook in the Boxx GmbH & Co KG constantly endeavors to describe the experiences presented - for which the experience vouchers can be purchased - correctly and as accurately as possible. However, the contents of the experience descriptions and the procedures of an experience may be subject to change. Cook in the Boxx GmbH & Co. KG endeavors to continuously update the experience descriptions in the online store. 

VII. the following vouchers are offered in the online store: 

1. Vouchers for the online store on the websitewww.thecookfamily.de 
   Vouchers for the online store entitle the holder to use them when paying in the online store on the website www.thecookfamily.de to use. The voucher can be redeemed during the ordering process;
2. Vouchers for The Cook Family, das Markthaus für gute Zutaten 
   Vouchers for The Cook Family, das Markthaus für gute Zutaten, Zschopauer Str. 209, 09126 Chemnitz entitle the holder to present them when paying at The Cook Family, das Markthaus für gute Zutaten, Zschopauer Str. 209, 09126 Chemnitz as a means of payment for meals and purchases at the Markthaus. Payment is not possible without presentation of the voucher. 

VIII. All vouchers mentioned in paragraph VII can be redeemed within the statutory limitation period of three years and can be used until the expiry of this period. This period begins at the end of the year in which the respective voucher was purchased. All vouchers mentioned under paragraph VII are freely transferable and can be redeemed by the respective holder, provided that he fulfills the (minimum) requirements for use in accordance with section 3 paragraphs I and IV of these GTC. When transferring a voucher, the transferor is obliged to refer to the provisions of these GTC and, if applicable, those of the experience partner. The transferor is responsible for ensuring that the person who makes use of the respective experience fulfills the (minimum) requirements set out in Section 3 (I) and (IV) of these GTC. Activation of the already redeemed voucher or reimbursement of the purchase price is excluded in the event of non-fulfillment of the (minimum) requirements in accordance with Section 3 (I) and (IV) of these GTC;

VIII. All vouchers according to paragraph VII will be sent to the customer after payment only by e-mail to the e-mail address specified in the order for self-printing. 

IX. Conversion of the vouchers into cash is excluded.

3. Target group of product offers and protection of minors; (minimum) requirements for the use of vouchers

I. The product offer is aimed exclusively at persons with unlimited legal capacity. Persons without or with limited legal capacity are only authorized to order the products offered with the proper cooperation and consent of their legal representative;

II In accordance with the German Youth Protection Act, Cook in the Boxx GmbH & Co. KG only supplies alcoholic beverages to persons over the age of 18. Cook in the Boxx GmbH & Co. KG reserves the right to carry out a respective check. By clicking on the checkbox in the online store and accepting the GTC during the ordering process, the customer declares that they are of legal age and have full legal capacity. By submitting the order, the customer assures that he/she is over 18 years of age and that all age, name and address details and all other information provided by the customer are correct. The customer is obliged to ensure that only he himself or a person of legal age authorized by him can accept the product delivery. If persons who are not of legal age place orders under false pretenses and/or without the authorization of their legal guardian or authorized representative, Cook in the Boxx GmbH & Co. KG will reject these orders in accordance with § 111 BGB;

III. As part of the delivery process, additional age verification may be carried out by the shipping service provider if the person receiving the delivery provides a justified reason for this. The ordered products will not be delivered to persons under the age of 18. If the delivery cannot be handed over at the front door as a result of age verification, the customer must bear the additional costs for returning the order;

IV. Participation in certain experiences requires a minimum level of personal suitability (e.g. age, state of health, etc.). These (minimum) requirements for the experience can be found in the respective experience descriptions. Cook in the Boxx GmbH & Co. KG welcomes the participation of people with disabilities in the experiences offered, but would like to point out that participation in this case may be difficult or impossible. Cook in the Boxx GmbH & Co. KG therefore asks you to inform us of any existing disabilities before purchasing experience vouchers. In cooperation with the experience partner, Cook in the Boxx GmbH & Co. KG will then endeavor to find individual solutions.

15. Reservation of title

The products shall remain the property of Cook in the Boxx GmbH & Co. KG until payment has been made in full.

Pledging, transfer by way of security, processing or transformation without the consent of Cook in the Boxx GmbH & Co. KG is not permitted prior to the transfer of ownership. The vouchers may not be used and/or disposed of until the claims have been settled in full.

5. Legal consequences in the event of loss / risk of misuse of vouchers and exclusion of bona fide acquisition when purchasing vouchers from other third parties

I. In the event of loss, suspected loss, theft or risk of misuse of a voucher, the customer / holder is obliged to inform Cook in the Boxx GmbH & Co. KG immediately in order to arrange for the data on the voucher to be blocked. Cook in the Boxx GmbH & Co. KG accepts no liability for the unlawful redemption of a voucher without prior notification of loss. 

II. the vouchers offered by Cook in the Boxx GmbH & Co. KG are only redeemable if they have been purchased and paid for in the Cook in the Boxx GmbH & Co. KG online store. If the vouchers offered in the Cook in the Boxx GmbH & Co. KG online store are purchased from other third parties, the owner bears the risk of non-redeemability

6. Exclusion of the commercial or commercial resale of The Cook Family products and vouchers

I. Any commercial or industrial resale of the products and vouchers purchased here in the online store is prohibited, unless the customer makes a written agreement with Cook in the Boxx GmbH & Co. KG to the contrary. 

II. for each culpable violation of the aforementioned prohibition of commercial or industrial resale, the customer shall pay Cook in the Boxx GmbH & Co. KG a contractual penalty in the amount of ... Euro. Cook in the Boxx GmbH & Co. KG reserves the right to assert further claims for damages, taking into account the contractual penalty.

7. Prices; Due date and default; Reminder fees; Means of payment and credit checks; Offsetting

I. All prices are shown in euros (€), represent total prices and already include statutory VAT and any other applicable taxes. The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly labeled button in the online store or in the respective product offer, are shown separately during the ordering process and are to be borne additionally by the customer, unless free shipping is explicitly stated. Further information on shipping can be found in section 8 of these GTC;

II. invoices of Cook in the Boxx GmbH & Co. KG are - unless another due date is stated on the invoice - due for payment immediately upon receipt without deduction to the bank account stated on the invoice. However, the customer shall be in default at the latest if he does not make payment within 14 days of the due date and receipt of an invoice; this shall only apply to a customer who is a consumer if special reference has been made to these consequences in the invoice. Cook in the Boxx GmbH & Co. KG may charge a reminder fee of € 10.00 for each reminder after default has occurred. The customer is free to prove that no or only significantly lower costs were incurred. In the case of customers who are not consumers, Cook in the Boxx GmbH & Co. KG may instead also assert the claim under Section 288 (5) BGB 

III. payment can be made by the customer either by voucher purchased in the Cook in the Boxx GmbH & Co. KG online store, direct debit, instant bank transfer, credit card (Mastercard, VISA) EC card / Maestro, invoice, PayPal, Google Pay and Apple Pay. Cook in the Boxx GmbH & Co. KG reserves the right to exclude certain payment methods as well as a credit check of the customer 

IV. if the customer uses an instant payment system (e.g. PayPal) as a payment method, he will either be redirected to the order overview page of Cook in the Boxx GmbH & Co KG in the online store or to the website of the provider of the instant payment system. If the customer is redirected to the respective instant payment system, they must make the appropriate selection or enter their data there. Finally, the customer is shown the order data as an order overview on the website of the provider of the instant payment system or after being redirected back to the online store of Cook in the Boxx GmbH & Co KG. Before finally submitting the order by clicking on the "Order with obligation to pay" button, the customer has the option of checking the details in the order overview again, changing them (also via the "back" function of the Internet browser) or canceling the order;

V. The customer may only offset a claim of Cook in the Boxx GmbH & Co. KG against an undisputed or legally established claim. The customer's rights of retention are excluded to the extent permitted by law.

8. Shipping times and costs

I. Shipment shall take place within the shipping time specified in the order and in accordance with the shipping method selected by the customer and shall be calculated from the time of receipt of payment. In the case of an order of several goods with different shipping times, shipping is expected to take place within the shipping time of the product with the longest specified shipping time;

II. for each order we charge a flat-rate shipping fee as shown on the website for shipping within Germany. If, for technical or logistical reasons, shipment is only possible in several stages, the shipping costs will only be charged once;

III. from an order value of 150 € we deliver free of charge within Germany  

IV. In the case of shipping by forwarding agent (pallet shipping), the forwarding agent may contact you by telephone to notify you of the delivery time. Therefore, please also provide us with your telephone number during the ordering process;

V. Vouchers purchased in the online store will not be dispatched. These will be sent to the customer after conclusion of the contract to the e-mail address specified in the order for self-printing;

VI. shipping only takes place on the territory of the Federal Republic of Germany and in selected European countries;

VII. the customer must ensure that he or a person duly authorized by him can accept the delivery at the announced time / time slot;

VIII. The risk of accidental loss and accidental deterioration of the sold item shall pass to consumers upon handover of the sold item - unless the customer independently commissions a transport company not named by the provider or another person designated to carry out the shipment - and to entrepreneurs upon handover to them or a person authorized to receive the goods, in the case of sale by dispatch already upon delivery of the goods to a suitable transport person. If the customer is an entrepreneur, delivery and shipment shall always be at the customer's own risk.

9. Warranty rights for defects; Liability and limitation of liability; Statute of limitations

I. If the customer orders as a consumer, the warranty rights for defects exist in accordance with the statutory provisions. After the transfer of risk, the customer must demonstrate and prove in an appropriate manner within the period specified in § 477 BGB that the product is in a defective condition (a defect) which - assuming it was caused by a circumstance attributable to Cook in the Boxx GmbH & Co. KG - would justify its liability due to a negative deviation from the quality owed. However, the consumer-customer does not have to explain or prove the cause of the condition or the responsibility of Cook in the Boxx GmbH & Co. KG 

II Warranty rights for defects are excluded vis-à-vis an entrepreneur - insofar as legally permissible;

III. if small crystalline precipitates (tartar) appear in the delivered wine bottles, these are evidence of the maturity (quality) of the wine;

IV. should delivered products exhibit obvious material or manufacturing defects and/or transport damage, the customer must report such defects immediately to Cook in the Boxx GmbH & Co. KG &or the carrier delivering the products. There is no obligation to do so and it is not a prerequisite for the assertion of claims by the customer acting as a consumer. However, Cook in the Boxx GmbH & Co. KG cannot otherwise assert any claims against the carrier. Compliance with the above provision shall not affect the customer's statutory claims if the customer has ordered for private purposes as a consumer. Entrepreneurs are advised of their obligation to give notice of defects in accordance with § 377 of the German Commercial Code (HGB) 

V. Cook in the Boxx GmbH & Co. KG shall be liable in accordance with the statutory provisions for damage caused intentionally or by gross negligence and for damage caused intentionally or by negligence resulting from injury to life, limb or health and in the event that Cook in the Boxx GmbH & Co. KG has assumed a guarantee and in the event of fraudulently concealed defects;

VI. Cook in the Boxx GmbH & Co. KG shall only be liable for all other damages not covered by paragraph V and caused by negligent conduct on the part of Cook in the Boxx GmbH & Co. KG, its legal representatives or its vicarious agents if these damages are attributable to the breach of a typical contractual obligation. Typical contractual obligations are those which make the proper execution of the contract possible in the first place and on the fulfillment of which the customer has regularly relied and may also rely. In these cases, however, liability shall be limited to the foreseeable damage typical for the contract;

VII. the limitation of liability mentioned in paragraph VI applies to all claims for damages regardless of their legal basis, including claims arising from tort, contract initiation and other breaches of secondary obligations. The above limitations and exclusions of liability shall also apply in cases of any claims for damages by a customer / the holder of a voucher against employees or vicarious agents of Cook in the Boxx GmbH & Co KG. The limitation of liability shall not apply in cases pursuant to paragraph V;

VIII. The liability of Cook in the Boxx GmbH & Co. KG under the provisions of the German Product Liability Act (ProdHaftG) shall remain unaffected.

IX. Insofar as the Cook in the Boxx GmbH & Co. KG website contains links to other or external sites on the Internet, Cook in the Boxx GmbH & Co. KG has no influence on the content and design of these sites. Cook in the Boxx GmbH & Co. KG therefore does not adopt the content of any linked pages as its own. This applies to all links to third-party websites contained on the Cook in the Boxx GmbH & Co. KG website;

X. Insofar as liability of Cook in the Boxx GmbH & Co. KG for damages not based on injury to life, body or health for slight negligence is not excluded, such claims shall become statute-barred within one year beginning at the end of the year in which the claim arose and the creditor becomes aware of the circumstances giving rise to the claim and the person of the debtor or should have become aware of them without gross negligence

10. Cancellation policy

I. Consumers are entitled to a statutory right of withdrawal, which is explained below;

II. the following cancellation policy applies to products that can normally be returned by post (products that can be sent by parcel post):

III. there is also a revocation instruction in relation to products that cannot be returned normally by post due to their nature (products that cannot be sent by parcel post):

IV. A corresponding sample can also be found under the following link:

https://thecookfamily.shop/widerruf

V. In the case of the purchase of vouchers and products in the business premises of Cook in the Boxx GmbH & Co. KG the statutory provisions on contracts concluded outside business premises and distance selling contracts shall not apply. In these cases there is no right of withdrawal. The same applies to sales to entrepreneurs;

VI. there is no right of revocation in cases according to § 312g paragraph 2 BGB.

11. Exclusion of the right of withdrawal

The right of withdrawal is excluded in the following contracts: 

• Contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the customer is decisive or which are clearly tailored to the personal needs of the customer;
• Contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
• Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
• Contracts for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
• Contracts for the supply of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered no earlier than 30 days after conclusion of the contract and the current value of which depends on fluctuations in the market over which Cook in the Boxx has no influence; or
• Contracts for the supply of food and beverages and
• for the provision of other services in connection with leisure activities, if the contract provides for a specific date or period for the provision.
  

17. Data protection

All personal data that Cook in the Boxx GmbH & Co. KG requires for business transactions with the customer will be stored. Cook in the Boxx GmbH & Co. KG is naturally committed to comprehensive protection of the customer's personal data, in particular in accordance with the provisions of the General Data Protection Regulation. Further information on data protection can be found in the Privacy policy to take

18. Final Provisions

I. Amendments or additions to the contract, the acceptance of the application or these GTC must be made at least in text form. This also applies to this text form clause. Unilateral amendments or additions by the customer are invalid;

II. place of performance and payment is the registered office of Cook in the Boxx GmbH & Co. KG;

III. place of jurisdiction is - as far as legally permissible - the registered office of Cook in the Boxx GmbH & Co. KG. If the contractual partner of Cook in the Boxx GmbH & Co. KG has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of Cook in the Boxx GmbH & Co. KG. However, Cook in the Boxx GmbH & Co. KG shall also be entitled to bring actions and other legal proceedings at the customer's general place of jurisdiction. 

IV. Cook in the Boxx GmbH & Co. KG is not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board. 

V. The law of the Federal Republic of Germany shall apply to the exclusion of the conflict of laws and the UN Convention on Contracts for the International Sale of Goods;

VI. impediments to performance, in particular as a result of general mobilization, industrial action, riots, fire, war, natural disasters, pandemics, terrorism and its effects, confiscation, embargo, restrictions on energy consumption and other cases of force majeure as well as by sovereign orders or other circumstances which are beyond the control of the contracting parties or which cannot be averted or compensated for even with reasonable technical and economic effort, shall release the contracting parties from the performance of their contractual obligations for the duration and to the extent of the event. The contracting party prevented from fulfilling its obligations shall be obliged to notify the other contracting party immediately of the occurrence and end of the aforementioned circumstances;

VII. the contract language is German;

VIII Should individual or several provisions of these GTC be or become invalid, unenforceable and/or void, this shall not affect the validity of the remaining provisions of these GTC and the contract existing between the parties. The ineffective, unenforceable or void provision shall be replaced by the statutory provision or, in the absence of a statutory provision, by the effective and enforceable provision which the parties agreed to in the knowledge of the ineffectiveness, unenforceability or voidness