Terms and Conditions

General Terms and Conditions and Customer Information

  • 1. Scope of application
  • 2. Offers and service descriptions
  • 3. Ordering procedure and conclusion of contract
  • 4. Prices and delivery charges
  • 5. Delivery, availability of goods
  • 6. Payment terms
  • 7. Reservation of title
  • 8. Warranty for material defects and guarantee
  • 9. Liability
  • 10. Saving of the text of the contract
  • 11. Data protection
  • 12. Place of jurisdiction, applicable law, language of contract

1. Scope of application

1.1. For the business relationship between Tante Emma AG (hereinafter referred to as “Seller“) and the customer (hereinafter referred to as “Customer“) the following General Terms and Conditions in their version effective at the time of ordering shall apply exclusively within the framework of this online service.
1.2. For the purpose of these GTC, a consumer shall be every natural person who concludes a legal transaction for a purpose which can mainly be seen as belonging to neither their commercial nor their self-employed professional activity (§ 13 BGB – German Civil Code).
1.3. Any deviating terms of the Customer shall not apply unless the Seller has expressly approved their validity.

2. Offers and service descriptions

2.1. The presentation of the products in the online shop does not constitute a legally binding offer but an invitation to place an order. Service descriptions in catalogues and on the Seller’s websites do not have the character of a promise or a guarantee.
2.2. Service descriptions in catalogues and on the Seller’s websites do not have the character of a promise or a guarantee. All offers are valid “while stocks last” unless stated otherwise in the product description.

3. Ordering procedure and conclusion of contract

3.1. The Customer can choose products from the Seller’s range of goods without obligation and collect them in the online shopping basket. Subsequently, the Customer can continue to the conclusion of the ordering process within the shopping basket via the button [Continue to checkout].
3.2. . Via the button [Buy now] the customer makes a binding request to purchase the goods in the shopping basket. Before sending off the order, the customer can change and view the data at any time. Required information is marked with an asterisk (*).
3.3. The Seller then sends the Customer an automatic confirmation of receipt by e-mail in which the customer order is specified again and which the customer can print via the function “Print” (Order confirmation). The automatic confirmation of receipt documents only the fact that the Seller has received the Customer’s order and does not constitute an acceptance of the request. The purchase agreement shall be concluded only if the Seller sends the ordered product off or hands the product over to the Customer within 2 days or if he confirms the shipping within 2 days by means of a second e-mail, a formal order confirmation or the invoice to the Customer.

4. Prices and delivery charges

4.1. All prices which are stated on the Seller’s website are inclusive of VAT at the applicable rate unless net prices have been quoted expressly for commercial Customers. 4.2. Delivery charges are added to the quoted prices by the Seller. The Customer receives clear information on the delivery charges on a separate information page and during the ordering process.

5. Delivery, availability of goods

5.1. If an advance payment has been agreed upon, the delivery shall take place after receipt of the invoice amount.
5.2. If not all the products ordered are in stock, the Seller is entitled to make part-delivery at his own expense insofar as this is deemed acceptable for the Customer.
5.3. If the delivery of the goods fails through the Customer’s fault despite two delivery attempts, the Seller is entitled to withdraw from the contract.
5.4. If the product ordered is not available because the Seller’s supplier has not delivered the product without the Seller‘s fault, the Seller is entitled to withdraw from the contract. In this case the Seller shall inform the Customer without delay and suggest, where appropriate, the delivery of a comparable product. If no comparable product is available or the Customer does not wish to receive the delivery of a comparable product, the Seller shall refund any payments already made by the customer without delay.
5.5. Customers are informed about delivery periods and any delivery restrictions (e.g. restrictions of the deliveries to certain countries) on a separate information page or within the relevant product description.

6. Payment terms

6.1. The Customer can choose from the payment options available within and before conclusion of the ordering process. Customers are informed of the available methods of payment on a separate information page.
6.2. If a payment per invoice is possible, the payment has to be made within 30 days of receipt of the goods and the invoice. For all other payment methods, the payment has to be made in advance and in full.
6.3. If third-party suppliers such as PayPal are charged with the processing of the payment, their General Terms and Conditions shall apply.
6.4. If the calendar determines the payment date, the Customer shall be deemed to be in default if he misses this date. In this case, the Customer has to pay the statutory default charges.
6.5. The Customer’s obligation to pay default charges does not exclude the Sellers assertion of a further claim for damages caused by the delay.
6.6. The Customer shall only be entitled to a right of set-off if his counterclaims have been determined without further legal recourse or acknowledged by the Seller. The Customer can only exercise a right of retention if the claims result from the same contractual relationship.

7. Reservation of title

The delivered goods shall remain the Seller’s property until full payment has been received.

8. Warranty for material defects and guarantee

8.1. The warranty is determined by the legal provisions.
8.1. A guarantee for the goods delivered by the Seller shall only exist if it has been specified explicitly. Customers shall be informed of the terms of guarantee before initiation of the ordering process.

9. Liability

9.1. The following liability exclusions and limitations shall apply for the Seller’s liability for damages regardless of any other statutory conditions of entitlement.
9.2. The Seller shall be fully liable insofar as the cause of damage is due to intent or gross negligence.
9.3. Furthermore, the Seller shall be liable for any breach of duties due to ordinary negligence the fulfilment of which jeopardise the attainment of the purpose of the contract. He shall also be liable for the breach of duties, the fulfilment of which make the correct execution of the contract possible in the first place and on the adherence to which the Customer relies regularly. In this case, however, the Seller shall only be liable for predictable damages which are typical for the contract. The Seller shall not be liable for any ordinarily negligent breach of any duties other than those named above.
9.4. The above liability limitations shall not apply in case of injury to life, body and health, for a defect after acceptance of a guarantee for the condition of the product and in case of fraudulent concealment of defects. The liability in accordance with the product liability law shall remain unaffected.
9.5. Insofar as the Seller’s liability is excluded or limited, the same shall apply for the personal liability of employees, representatives and agents.

10. Saving of the text of the contract

10.1. The Customer can print out the text of the contract before placing the order with the Seller by using the print function of his browser during the last step of the order.
10.2. In addition, the Seller shall send an order confirmation with all the order data to the Customer at the e-mail address that the latter has provided. With the order confirmation, the Customer shall receive also a copy of the GTC including the cancellation policy for consumers and the information on delivery charges and terms of delivery and payment.

11. Data protection

11.1. The Seller shall process the Customer’s personal data for the specific purpose and in accordance with the statutory provisions.
11.2. The personal data provided for the purpose of ordering goods (such as name, e-mail address, postal address, payment data) shall be used by the Seller for the fulfilment and the execution of the contract. This data shall be treated as confidential and not disclosed to third parties which are not involved with the order, delivery and payment process.
11.3. The User has the right to receive information on the personal data which the Provider stores on him free of charge. In addition, he has the right to amend incorrect data, to block and delete his personal data, unless this is excluded by a legal duty to preserve records.
11.4. Further information on the nature, scope, place and purpose of the collection, processing and use of the required personal data by the Seller can be found in the data privacy statement.

12. Place of jurisdiction, applicable law, language of contract

12.1. The place of jurisdiction and fulfilment is the Seller’s head office if the Customer is a merchant, a corporate body under public law or a special fund under public law.
12.2. The business relationship is subject to German law.

Cancellation, changes, amendments and updating

The User has the right to receive information on the personal data which the Provider stores on him free of charge. The contact data can be found in the Provider’s site notice. In addition, the User has the right to amend incorrect data, to block and delete his personal data, unless this is excluded by a legal duty to preserve records.

Amendments of the data protection statement

The Provider reserves the right to amend the data protection statement in order to adapt it to a changed legal situation or if the service or the data processing is altered.

Prices, shipping charges and delivery information:

The prices quoted on the product pages include the statutory VAT and other price components. In addition to the prices stated there is a charge for shipping and handling. You can also find these shipping charges laid out clearly in the shopping basket system and on the order page. The charge for shipping and handling includes the statutory VAT. As the VAT on the shipping and handling charge depends on the goods purchased, it can be reduced when goods are purchased at a lower VAT rate. This means that the shipping and handling charge can only be calculated definitely during the ordering process.

Right of cancellation

Consumers have the right to cancel contracts which have been concluded through this internet page within fourteen days without giving reasons. A consumer is every natural person who concludes a legal transaction for a purpose which can mainly be seen as belonging to neither their commercial nor their self-employed professional activity. The cooling-off period is fourteen days from the day on which you or a third party designated by you and who is not the carrier, have/has taken possession of the goods. In order to exercise your right of cancellation you have to inform us, the Tante Emma AG, Bahnhofstrasse 33, 75305 Neuenbürg, mail: contact@wachtigall.com, Fax-Nr. +49 7082 944 3974 of your decision to cancel the contract by means of a clear statement (e.g. a letter by mail, telefax or e-mail). The cooling-off period shall be deemed observed if you post your notification on the exercise of the right of cancellation before the end of the cooling-off period.

Consequences of the cancellation

If you cancel a contract, we have to refund all payments that we have received from you, including the delivery charges (with the exception of the additional cost arising from the fact that you have chosen a different delivery method than the economic standard delivery offered by us) without delay and no later than within fourteen days from the day on which we have received the notification of your cancellation. The refund can be made by another method of payment than the one that you used for the payment unless this makes you incur additional costs. We can refuse the refund until we have received the returned goods or until you have provided proof that you have sent the goods back, whichever is the earlier date. You have return the goods to us without delay and at any rate no later than within fourteen days from the day on which you notified us of the cancellation of this contract. The date shall be deemed observed if you send the goods off within fourteen days. You shall bear the immediate cost of the return of the goods. You will only be held responsible for any deterioration of the goods if this deterioration is due to a handling of the goods which is not necessary for the verification of the condition, properties and functioning of the goods.

Exclusion or premature expiry of the right of cancellation

– for the delivery of goods which are not prefabricated and for the production of which an individual choice or selection by the consumer is relevant or which have clearly been adapted to the personal needs of the consumer; – for the delivery of goods which can perish quickly or the sell-by date of which would be passed quickly; – for the delivery of alcoholic beverages the price of which was agreed upon at the conclusion of the contract but which could not be delivered earlier than 30 days after the conclusion of the contract and the current value of which is subject to price fluctuations on the market which are beyond the trader’s influence; – for the delivery of newspapers, magazines or pictorials with the exception of subscription contracts.

The right of cancellation expired prematurely for contracts

– for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if the seal was removed after delivery; – for the delivery of goods which, due to their nature, were mixed inseparably with other goods after delivery; for the delivery of audio and video recordings or computer software in sealed packaging if the seal was removed after delivery.

Methods of payment

We offer you the following methods of payment. Just choose the payment method that is best for you. The delivery charges depend partly on the method of payment chosen. The prices quoted for the different offers are final prices. They include all price components including any taxes due such as VAT. Only for international deliveries further taxes can be raised in individual cases (e.g. in case of an intra-Community acquisition of a good) and/or fees (e.g. customs duties) can be charged which will be payable by you, however, not to the Seller but to the responsible customs or revenue authorities. The charges for delivery and shipping are not included in the purchase price. They can be called up via the page „delivery charges“ and will be set out separately during the ordering process. You will have to pay them in addition to the purchase price.

Credit card
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PayPal
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SOFORT Banking
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Advance payment
Please transfer the total amount of your order into our bank account:


Account holder: Tante Emma AG
Bank details: BW-Bank
SWIFT: SOLADEST600
IBAN: DE77600501010002740375