Terms of service
These Terms and Conditions are a convenience translation. In the event of any discrepancies between this English version and the German original, the German version shall be legally binding.
General Terms and Conditions with Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts concluded between you as a customer and us as the provider (Pie Me GmbH) via the website https://flyingpieme.de/. Unless otherwise agreed, any terms and conditions of your own that you may use are hereby rejected.
(2) A consumer within the meaning of these provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
§ 2 Conclusion of Contract
(1) The product descriptions contained in our online shop do not represent binding offers; they serve for the submission of a binding offer by the customer.
(2) The customer submits their offer via the online order form integrated into our online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer with respect to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
(3) We may accept the customer's offer within two working days by sending a written order confirmation or an order confirmation in text form (email), or by dispatching the goods and notifying the customer of the dispatch. If several of these alternatives exist, the contract is concluded at the point in time at which one of the named alternatives occurs first. If we do not accept the offer within the deadline, it shall be deemed rejected.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by email, partly automatically. The customer must ensure that the email address they have provided is correct and that the receipt of emails is technically guaranteed.
§ 3 Prices and Payment Terms
(1) The prices quoted in the respective offers, as well as the shipping costs, represent total prices. They include all price components including all applicable taxes.
(2) The shipping costs are not included in the purchase price. They can be accessed via a correspondingly labelled button on our website or in the respective offer, are shown separately during the order process, and are to be borne additionally by the customer, unless delivery free of charge has been promised.
(3) The available payment methods are displayed in the online shop. We reserve the right to exclude individual payment methods.
(4) If the Klarna payment method (purchase on account, instalment purchase, direct debit) is selected, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden. Klarna's terms of use apply.
§ 4 Right of Retention, Retention of Title
(1) The customer may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price has been made.
(3) If the customer is an entrepreneur, we retain title to the goods until all outstanding claims from the ongoing business relationship have been settled. Prior to the transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted. The customer may resell the goods in the ordinary course of business, but hereby assigns to us all claims arising from the resale in the amount of the invoice value.
§ 5 Warranty
(1) The statutory rights of liability for defects apply.
(2) As a consumer, the customer is requested to check the goods promptly upon delivery for completeness, obvious defects, and transport damage and to report any complaints to us and the carrier as soon as possible. Failure to do so does not affect the customer's statutory warranty claims.
(3) A deviation of the goods from the objective requirements shall only be deemed agreed if the customer was expressly informed of the deviation before submitting their contractual declaration and the deviation was separately agreed.
(4) If the customer is an entrepreneur, the following applies to warranty claims:
- Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not any other advertising, public endorsements, or statements by the manufacturer.
- In the event of defects, we shall provide warranty at our discretion by either repair or replacement delivery. If the remedy of the defect fails, the customer may, at their option, demand a reduction in price or withdraw from the contract. The remedy is deemed to have failed after the second unsuccessful attempt.
- The warranty period is one year from delivery of the goods, except in cases of injury to life, body, or health, fraudulent concealment of defects, an express guarantee, defects in a building, or statutory recourse claims.
(5) If a single item is missing from an order containing multiple items and a separate subsequent delivery is impossible or disproportionate for logistical reasons (e.g., minimum shipping quantity, interruption of the cold chain), we shall refund the purchase price for the missing item proportionately. A store credit voucher may be offered as an alternative with the customer's consent.
§ 5a Special Provisions for Frozen Products
(1) Our frozen products are rapidly perishable goods within the meaning of § 312g para. 2 no. 2 of the German Civil Code (BGB). No statutory right of withdrawal exists for these goods.
(2) The goods are delivered in special thermal packaging with coolants in order to ensure that the cold chain is maintained during transport. Dispatch takes place exclusively on working days (Monday to Thursday).
(3) The customer is obliged to store the goods immediately upon receipt at a temperature of at least -18 °C. We accept no liability for quality losses resulting from late acceptance, improper storage, or interruption of the cold chain after handover.
(4) The customer must ensure that the goods can be accepted by an authorised person at the delivery address on the expected delivery day. If a preferred delivery date is indicated in the order, this is considered a preferred date and not a contractually guaranteed delivery date.
(4a) The risk of accidental loss or accidental deterioration of the goods passes to the customer as soon as the goods are handed over to the customer or to a recipient authorised by the customer. If the customer has granted the carrier their own authorisation to leave the goods in a safe place prior to delivery, the goods are deemed handed over upon deposit at the place designated by the customer.
(4b) If the customer fails to accept the goods on the delivery day despite proper notification of the delivery window and no authorised recipient is present, the customer shall be in default of acceptance. To prevent complete spoilage of the goods at the depot, the carrier is instructed in this case to leave the shipment at a safe place on the customer's property. From the moment of this attempted handover, the customer bears the risk of accidental deterioration. The statutory provisions apply to the further consequences of default of acceptance.
(5) If delivery fails for reasons for which the customer is responsible (e.g., incorrect or incomplete address, non-acceptance despite prior notice, redirection to a parcel shop or another address by the customer), the customer shall bear the costs of a re-shipment and the corresponding loss in value of the goods.
(6) After dispatch of the goods, the customer is prohibited from making unauthorised changes to the shipping order (e.g., redirection to another address, change of preferred delivery date, delivery to a parcel shop). If the customer nevertheless arranges such changes, they bear the sole risk for any resulting quality losses or spoilage of the goods. Any liability on our part is excluded in this case.
(7) We request our customers to report obvious defects or transport damage as soon as possible, ideally within 24 hours of receipt, so that we can resolve the matter quickly. A late report has no effect on the customer's statutory warranty rights.
§ 6 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the consumer's country of habitual residence is not withdrawn.
(2) The place of performance for all services shall be our registered office. The place of jurisdiction shall be our registered office if the customer is a merchant, a legal entity under public law, or a special fund under public law, or if the customer has no general place of jurisdiction in Germany or the EU. In any case, we are entitled to bring an action before the court at the customer's domicile.
§ 6a Suspension of Delivery due to Extreme Weather
If the forecast outdoor temperature on the day of dispatch or on the expected delivery day exceeds 30 °C, we reserve the right to temporarily suspend the delivery of the frozen goods in order to ensure the cold chain. We will inform the customer immediately by email. In this case, the customer may choose whether to maintain the order and receive the goods at a later time proposed by us or to withdraw from the contract. In the event of withdrawal, we will refund the purchase price immediately and in full. Further claims for damages by the customer are excluded to the extent permitted by law.
§ 6b Limitation of Liability
(1) We shall be liable without limitation for damages resulting from injury to life, body, or health caused by a negligent or intentional breach of duty on our part, our legal representatives, or our vicarious agents. We shall also be liable without limitation for other damages caused by intent or gross negligence.
(2) In the event of a slightly negligent breach of a duty whose fulfilment is essential for the proper performance of the contract and on whose observance the customer regularly relies (cardinal duty), our liability shall be limited to the foreseeable damage typical of the contract. Liability for damages caused by a slightly negligent breach of duty is otherwise excluded.
(3) The above limitations of liability shall not apply insofar as we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods, nor shall they apply to claims under the Product Liability Act.
§ 7 Redemption of Discount Codes
(1) Discount codes issued by us may only be redeemed in the online shop and only within the specified validity period.
(2) Only one discount code may be redeemed per order. A combination with other promotions is excluded unless expressly stated otherwise.
(3) Discount codes are non-transferable and cannot be paid out in cash.
(4) A minimum order value may be set. If this is not reached, the discount code shall lapse.
(5) Subsequent crediting of discount codes to orders already placed is not possible.
II. Customer Information
1. Identity of the Seller
Pie Me GmbH
Alfred-Bucherer-Straße 6
53115 Bonn
Germany
E-Mail: hello@flyingpieme.de
Alternative Dispute Resolution: The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the possibilities for correction are carried out in accordance with § 2 of our General Terms and Conditions (Part I).
3. Contract Language, Storage of the Contract Text
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order, the customer can print out the contract data or save it electronically using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts, and the GTC will be sent to the customer again by email.
4. Essential Characteristics of the Goods
The essential characteristics of the goods can be found in the respective offer.
5. Prices and Payment Modalities
5.1. The prices quoted in the offers are total prices including taxes. Shipping costs are not included in the purchase price, are shown separately during the order process, and are to be borne by the customer unless delivery free of charge has been promised.
5.2. The available payment methods are displayed in the online shop.
5.3. Unless otherwise stated, payment claims arising from the contract are due immediately.
6. Delivery Conditions
6.1. Delivery is only made within the specified delivery area to the address provided by the customer.
6.2. Subject to the provisions of § 5a of these GTC, the risk of accidental loss or accidental deterioration of the goods during shipment passes to the consumer only when the goods are handed over to the customer or to a recipient authorised by the customer. If the customer is an entrepreneur, delivery and shipment shall be at the customer's risk.
7. Information on the Non-Existence of a Right of Withdrawal
Since our entire product range consists of deep-frozen, rapidly perishable foods (pies, dips, sides), there is no statutory right of withdrawal for your order under § 312g para. 2 no. 2 of the German Civil Code (BGB). Returns of food are excluded for hygiene and logistical reasons.
You do, however, have the option of cancelling your order free of charge as long as the goods have not yet left our warehouse (i.e., before you receive a shipping confirmation). Please send your cancellation request promptly to hello@flyingpieme.de.
We do not provide a separate cancellation policy, as the law does not require this for our goods.
8. Statutory Warranty Rights
The warranty is governed by the "Warranty" provisions in our General Terms and Conditions (Part I).
9. Allergen Information
We provide allergen information in accordance with the EU Food Information Regulation (LMIV) in the product descriptions. The customer is requested to read these carefully before consumption.