AGB

 

These Terms govern use of thecooksnookmcpherson.shop and purchases from The Cook’s Nook McPherson. Mandatory consumer rights under German and European Union law remain unaffected.

1. Scope and operator

The shop is operated under the trading name The Cook’s Nook McPherson. Contact: info@thecooksnookmcpherson.shop. The operator’s full legal identity and physical service address must be added to the Legal Notice and pre-contract information before sales are offered in Germany.

2. Eligibility and shop use

You may use the shop only for lawful purposes. You must provide accurate information required for ordering and keep account credentials confidential. You may not interfere with security, introduce malicious code, scrape the service in a way that impairs it, misuse another person’s identity, place fraudulent orders or infringe intellectual-property or other rights.

3. Product information and availability

Product pages describe the principal characteristics of the goods. Images are illustrative; slight colour differences caused by displays and reasonable variations in natural or handmade materials may occur where the goods still conform to the contract. Availability may change. We may limit quantities for legitimate reasons stated or apparent before purchase, but will not discriminate unlawfully.

4. Ordering and formation of contract

Product displays are invitations to place an order, not binding offers. Before submitting an order, you can review and correct input errors using the checkout controls. The order button will clearly indicate that placing the order creates an obligation to pay. By activating it, you make a binding offer to buy the listed goods.

An automated receipt confirms that we received the order but does not necessarily accept it. The contract is concluded when we expressly accept the order, issue a dispatch confirmation, or dispatch the goods, whichever first clearly communicates acceptance. The contractual language used for the order is the language displayed during checkout. We will provide the contract confirmation and required information on a durable medium. You should retain your order confirmation.

5. Prices, taxes and payment

The final price and currency are displayed before the order is submitted. Prices offered to consumers include applicable value-added tax where required. Free standard delivery applies to all orders unless another delivery option and its cost are clearly shown and selected. Any additional mandatory charge will be disclosed before purchase.

Available payment methods are shown at checkout. Payment becomes due when the contract is concluded unless the selected method states otherwise. Payment providers may carry out authentication and fraud checks under their own terms. We do not charge a fee for using a payment method unless legally permitted and disclosed.

6. Delivery, risk and retention of title

We deliver to addresses and destinations accepted at checkout. The estimated delivery time is 15–20 days. The Shipping Policy explains processing, tracking and delay handling. For consumer orders, risk of accidental loss or damage generally passes when you or a third party designated by you, other than the carrier, receives the goods, except where you independently commission a carrier not offered by us. Goods remain our property until the price is paid in full to the extent permitted by law.

7. Withdrawal and returns

Consumers normally have a statutory 14-day right of withdrawal for distance contracts, subject to legal exceptions. The Return and Refund Policy contains the withdrawal instructions, effects, exceptions and model form. During the withdrawal period, eligible contracts concluded through the online interface must also be cancellable through the shop’s prominently accessible electronic withdrawal function. This contractual reference does not replace the complete statutory instruction.

8. Conformity and statutory warranty

Goods must meet the agreed and objective conformity requirements, including the promised description, quantity, quality, functionality, compatibility, safety, accessories, instructions and ordinary purpose as applicable. If goods are defective or non-conforming, consumers have statutory remedies, normally beginning with repair or replacement free of charge. Further remedies may include price reduction, contract termination, damages or reimbursement where legal conditions are met. The usual limitation period for defect claims concerning new movable goods is two years from delivery. Any commercial guarantee is additional and does not restrict statutory rights.

9. Liability

Nothing in these Terms excludes or limits liability where exclusion or limitation is prohibited, including liability for intent or gross negligence, injury to life, body or health, fraudulently concealed defects, an expressly assumed guarantee, mandatory product liability, or violation of mandatory consumer rights.

For slight negligence, we are liable for breach of an essential contractual duty whose performance makes the contract possible and on which the customer may normally rely; in that case liability is limited, where legally permitted, to loss typical and foreseeable when the contract was concluded. These limits also apply for the benefit of lawful representatives and agents. They do not shift mandatory burdens of proof or limit statutory remedies for non-conforming goods.

10. Intellectual property

Shop text, graphics, photographs, logos, design and software are protected by applicable rights belonging to us or licensors. Personal, non-commercial viewing and use of the shop is permitted. Reproduction, distribution, modification or commercial exploitation requires permission unless permitted by mandatory law.

11. Links and third-party services

The shop may link to third-party services. Their content and privacy practices are controlled by their operators. A link does not by itself imply endorsement. Nothing in this clause reduces our responsibility for a checkout, payment, delivery or other provider used by us to perform the purchase contract.

12. Governing law and jurisdiction

German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods. If you are a consumer habitually resident in another country, this choice does not deprive you of mandatory protection granted by the law that would apply without the choice. Statutory rules on jurisdiction apply. A consumer is not required by these Terms to bring proceedings only at the operator’s location.

13. Consumer dispute resolution

The EU Online Dispute Resolution platform was discontinued on 20 July 2025 and no obsolete platform link is provided. Unless the operator is legally obliged or later commits to participate, The Cook’s Nook McPherson is neither willing nor obliged to participate in dispute-resolution proceedings before a consumer arbitration body. Where Section 37 VSBG applies after an unresolved dispute, the legally required case-specific information will be provided.

14. Changes and severability

The Terms in force when an order is placed govern that order. We may update future-use terms for legal, security or operational reasons but will not retroactively remove accrued rights. If a provision is invalid, mandatory law applies in its place and the remaining provisions continue where legally possible.