General Terms and Conditions (GTC)
Cake Orders – Der Kuchenladen
- Design and Individuality
Each cake is crafted with the utmost care and loving handwork. It is always an individually designed unique piece, created based on your wishes, motifs, or templates. We reserve creative freedom, as each cake designer has their own creative signature. An exact 1:1 reproduction is therefore not possible.
Deviations from submitted templates in color, shape, size, or decoration are production and material-related and do not constitute a defect, provided they are justified by craftsmanship and correspond to the commissioned concept in quantity, shape, and style.
- Order Placement and Payment
2.1 Private Orders
Private orders are exclusively processed against advance payment. Payment terms (amount, due date, payment method) are individually agreed upon.
For orders placed in person at the store, written confirmation is provided via an order slip with date and signature.
For orders via email, the intention to place an order must be clearly recognizable.
2.2 Payment Methods for Private Customers
Payment can be made in the store via the cash register system (deposit or full payment). A deposit of 50% of the order value may be required.
After invoice creation, we exclusively accept payments by bank transfer (stating the invoice number) to our business account or via PayPal.
Cash payments after invoice creation or other forms of payment are excluded.
2.3 Payment Default / Order Cancellation
In case of payment default, we reserve the right to charge default interest, reminder fees, or require advance payment for future orders.
In case of late or missing payment, we reserve the right to cancel the order for a fee according to Point 4.
2.4 Payment Terms for Business Customers
Business customers, where known, can order and pay on account. Payment deadlines are specified in the invoice.
In case of payment default, we reserve the right to charge default interest, reminder fees, or require advance payment for future orders.
- Order Modifications
3.1 Form of Communication
Modifications must be submitted in writing via email to post@derkuchenladen.de. Telephone or verbal modification requests are only valid if confirmed by email.
3.2 Deadlines and Additional Costs
Modifications are possible until at most 10 calendar days before the completion date. After that, they may be rejected. We reserve the right to charge additional costs or reschedule deadlines. Modifications are excluded if the order is already in production.
3.3 Invoice Modifications
For subsequent invoice modifications, including formal corrections, a processing fee of €10 will be charged.
- Cancellation
4.1 Cancellation by Customer
Before invoice creation: 10% of the product value (minimum €10)
After invoice creation: 20% of the product value (minimum €20)
4.2 Exclusion of Short-term Cancellations
Custom-made products with personalized content cannot be cancelled from 10 calendar days before completion. The full product value will be charged.
4.3 Refunds
Payments already made will be refunded minus the cancellation fee via the original payment method. For cash deposits, a valid bank account is required.
4.4 Cancellation by Der Kuchenladen
In case of payment default or incomplete information, the order may be cancelled. The conditions from Point 4.1 apply.
- Allergens and Food Information
We do not offer gluten-free products. Our premises are not suitable for gluten-free production.
Products may contain traces of the following allergens: gluten, eggs, milk (lactose), tree nuts, peanuts, soy, sesame.
We are only liable for allergic reactions if written notice was provided at the time of order placement.
- Delivery and Collection
6.1 Collection
The goods must be inspected immediately upon collection. Subsequent complaints about visible defects are excluded.
Once the goods have been handed over, returns are excluded. We assume no liability for transport damage after handover.
6.2 Delivery
Only possible by individual arrangement. Delivery costs are shown separately. The customer is obliged to accept delivery at the agreed time.
6.3 Delay / Non-acceptance
We are not liable for quality loss due to delayed collection or non-acceptance. Additional costs (e.g., waiting time, return transport) will be invoiced.
6.4 Transport Risk
For self-collection, the risk transfers to the customer upon handover. For delivery by us, the risk remains with Der Kuchenladen until handover. Complaints must be documented with photos and reported to the courier immediately.
6.5 Storage and Shelf Life
Cakes must be stored in a cool place and consumed by the following day at the latest. Buttercream cakes should stand at room temperature for approximately 2 hours before cutting. No liability is assumed for damage due to improper storage or delayed consumption.
6.6 Deposit Policy
A deposit of €200 each is charged for cake stands and cooling boxes. Returns must be made by Wednesday of the following week at the latest, fully cleaned and complete. Refund of the deposit is made upon undamaged return in cash or by bank transfer. In case of loss of parts or damage, we reserve the right to deduct replacement costs from the deposit.
- Liability and Warranty
7.1 Special Diets / Allergens
We do not offer gluten-free products. Our premises are not suitable for gluten-free production. Traces of the following allergens may be present: gluten, eggs, milk (lactose), tree nuts, peanuts, soy, sesame.
We only assume liability for allergic reactions if written notice was provided at the time of order placement. Upon request, we prepare cakes in vegetarian or lactose-free versions. These requests must be communicated at the latest at the time of order placement. Vegan alternatives or special requests require individual consultation. Complete allergen freedom cannot be guaranteed despite the greatest care.
7.2 Unique Character
Each cake is a handmade unique piece. Handwork naturally results in variations that do not constitute a defect. We reserve the freedom to artistically interpret customer templates freely.
7.3 Taste
Taste, texture, and layering are subjective and are not grounds for complaint.
7.4 Complaints
Complaints must be submitted within 24 hours of handover with photographic evidence via email.
7.5 Limitation of Liability
Our liability is limited to the product value. We are not liable for consequential damages, lost profits, or event losses – particularly in cases of improper storage, delayed collection, or transport by the customer.
- Additional Legal Information
8.1 Data Protection
Personal data is used exclusively for order processing. No data is passed on to third parties. See privacy policy for details.
8.2 Retention of Title
The goods remain the property of “Der Kuchenladen” until full payment is received.
8.3 Use of Product Photos
We reserve the right to use anonymized photos of our cakes for advertising purposes (e.g., website, social media). An objection must be communicated in writing at the time of order placement.
8.4 Force Majeure and Unforeseeable Circumstances
In cases of force majeure or unforeseeable events (e.g., sudden illness, power failure, severe weather, traffic obstructions, road closures, or comparable circumstances) that significantly complicate or make contract fulfillment impossible, we assume no liability for service failures. In such cases, we reserve the right to terminate the contract or reasonably postpone the agreed delivery date. Payments already made will be refunded in full. Further claims, particularly for damages, are excluded. For commercial customers, the following additionally applies: Claims for recourse due to lost profits, image loss, or other consequential damages exist only in cases of gross negligence or intent.
8.5 Place of Performance and Jurisdiction
The place of performance and jurisdiction is the registered office of “Der Kuchenladen”.
8.6 Severability Clause
Should any provision of these GTC be invalid, the validity of the remaining provisions remains unaffected. The parties commit to creating an equivalent replacement provision.
8.7 Validity of the GTC
By submitting the cake order form on our website, these GTC are deemed accepted. They are part of the contract and publicly accessible on our website.