This is only a translation of the German version of the GTC (AGB) of Wikana. In case of doubt or contradiction only the German version is valid!

Terms and Conditions of the presentaion on the Internet and Online Shop of

Wikana Keks und Nahrungsmittel GmbH
Dessauer Straße 8
GERMANY - 06886 Lutherstadt Wittenberg

(in the following named Wikana)

§1 In General

The following terms and conditions apply to all agreements, deliveries and miscellaneous services of the presentaion of Wikana through the internet website. Wikana contradicts hereby all different regulations of contracting parties. All additional agreements require a written acknowledgment of Wikana.

At anytime, Wikana can change or edit these terms and conditions including all enclosures in a period of notice. For prior orders the prior terms and conditions are valid.

These terms and conditions are not valid beyond sales through the internet website of Wikana (e.g. sales at the kiosk, at trade faires or markets). For sales at the kiosk, at trade faires or markets the put up GTC are valid or as a replacement the legal requirements.

In following, the online presentation is only named www.wikana.de or „Wikana Online Shop“. These names are identically in terms of these GTC.

§2 Offer and Conclusion of Contracts

All offers of the Wikana Online Shop are non-binding and without engagement. Small variations and technical changes in our product pictures or descriptions are possible. The current product catalogue expires when a new catalogue comes out.

After finishing the online order, the customer receives an automatically generated e-mail with the fulfillment confirmation. The confirmation serves to inform the customer that the order with the correspsonding content has reached Wikana. A contract is only concluded with an explicit e-mail acknowledgment or with the execution of the order.

§3 Pricing and Conditions of Payment

Prices apply accordingly to the time the order is made. All prices in the Wikana Online Shop are final prices in EURO and include value-added tax of 19% or rather of 7% (food[pastries]=7%, shipping costs= 19%).

Packing and shipping charges are extra charged and are result from the chosen type of shipping.

The Wikana Online Shop accepts currently only prepayment. Bills are immediately and without any deduction payable, beside other agreements are made in written form. The shipment of the products does not take place before payment receipt. If other methods of payment were agreed then extra costs (e.g. COD charge) were calculated additionally.

A set-off of mutual claims is only possible with an explicit written acceptance by Wikana or with accepted or rather legal claims.

§4 Delivery, Delivery Time and Shipping Charges

The delivery of products to the customer takes place by the logistic partners given/chosen during the order transaction. The expected shipping charges are announced in the shopping basket of the customer before he finishes the order. The shipping charges of the Wikana Online Shop are an estimate and depend on the charges of the logistic partner. Wikana reserves the right to chose another type of dispatch if the type of dispatch chosen by the customer is inappropriate and the shipping charges are not higher than the estimate of the shipping charges.

Storage products will be dispatched after incoming payment. By ulterior agreements concerning payment or shipment, the products will be dispatched within 3 workdays after contract conclusion.

For non-storaged products the delivery time can take up to 2 weeks after incoming payment (prepayment) or contract conclusion (ulterior agreements).

As a result, you can only order cartons of pastry packages - there is no minimum quantity in the Wikana Online Shop. The order of single pastry packages is not possible.

Wikana can resign from the agreement if the realization of an order is not possible for the lack of a delivery of a third party which is necessary for the order. Wikana pledges oneself to inform the customer immediately if the order is not possible. Any payments made will be repayed immediately. In this case, the customer has no right of compensation.

Partial delivery is permissible as far as the customer does not inform Wikana in his order about the opposite. In case of partial delivery shipping and packaging charges are calculated only once.

The design of the pastry packages can partly differ from the product pictures in the Wikana Online Shop. The offered quantities, quality and product types match alway the offer .

§5 Right of Return
(not for commercial customers and resellers)

You can send back every bought product from the Wikana Online Shop without any reason within a period of 2 weeks on receipt of the products according to the German civil code (BGB). The 2 weeks time limit starts at the earliest on receipt of the products and with this instruction.

To ensure the 2 weeks time limit, it is sufficent to resend the products early enough (postmark counts) or to send a demand on return in written form (e.g. via e-mail, fax or letter post).

Address the demand on return or the return to:

Wikana Keks und Nahrungsmittel GmbH
Dessauer Strasse 8
Germany - 06886 Lutherstadt Wittenberg

fax: + 49 (0) 34 91 / 42 98 6 - 26
e-mail: wikana@wikana.de

The power of revocation is not valid (according to § 312 IV BGB) for the delivery of products made according to customer wishes or for products which are not suitable for a return.

Consequences of the revocation:

If the customer uses his right of return to break the agreement, he is obligated to resend the products if the customer already has received them and a resend is possible. For the case that a resend is impossible, Wikana will have them collected.

The resend has to be send to the company address above. The reason for the resend has not to be specified (within the 2 weeks time limit). If possible, we ask the customer for the notation “RÜCKSENDUNG” on the return.

Wikana will pay the charges for the return.

Furthermore, every customer is free to bring the products personally to the Wikana kiosk (Dessauer Straße 8. 06886 Lutherstadt Wittenberg). In this case, a shipment package is not necessary.

If possible the resend products should be resended in the original packaging. If this is not possible, the customer has to care for a package which protects the product from damage. The customer is responsible for damaged resend products if the reason of the damage is a lack of unsafe packaging.

A claim for compensation for damaged or used products is explicit reserved by Wikana. If a customer could be claimed for a worsening, a loss or other impossibilities of the product he is obligated to compensate the decline in value (no usage of §§ 351 and 353 BGB). If the customer has used the product (in another way then this would happen in a store – e.g. no unpacking) the customer has to compensate the decline in value of the product Already opened packages of food are not returnable.

Payments made and the shipping charges will be immediately payed back per bank transfer to an account given by the customer.

END OF THE REVOCATION POLICY

§6 Transfer of Perils
(only for commercial customers)

The delivery of products occurs to the risk of the customer. At the moment of the handoff of the products to the logistic partner the risk is delegated to the customer even if Wikana takes the shipping charges. The customer has to report complaints due to delivery damages (e.g. damaged package by product receiving) immediately or in the given time limit to the logistic partner.

§7 Warranty

The implied warranty (2 years after handoff) for Germany is valid. The warranty is not valid for product specific abrasion or a not appropriate storaging (non-observance of best before), handling, preparation and usage of the product by the customer.

Wikana products are basically nature products so they vary in their product attributes (color, appearance,...) due to weather, cultivation or variations of temperature during the production process.

Further claims for damages are restricted to the case of willful or grossly negligent acts. Claims for damages because of injury of the body, life and health are unaffected from the cases above.

Wikana does not assume liability for the permanent and constant availability of www.wikana.de or for technical or electronic faults of the online presentation.

Obvious deficiencies (above all damages, misdelivery or differences in quantity) have to be reported immediately or not later than 14 calendar days on receipt of the products in written form so that we can correct the deficiencies. Transport damages have to be reported within 24 hours. If the transport damages is visible on receipt of the product the carrier has to make an acknowledgement. An information per e-mail to wikana@wikana.de is sufficient. As a matter of course, the rigths of the customer of warranty do not depend on the information of a transport damage or a visible deficiencie.

§8 Non-acceptance of the Products

Ordered but not accepted products or non-cashed debit entries authorize Wikana to terminate the agreement and to a compensation to the amount of 20 % of the net order value plus handling charges amounting to 12,78 EURO plus VAT. A claim for damages comes also into effect if the customer does not terminate the agreement in written form within the statutory cooling off period. An agreement is made due to the sending of the online order. The customer accepts the terms and conditions by sending the order.

§9 Reservation of Title

Until completetion of payment the products are property of Wikana Keks und Nahrungsmittel GmbH.

§10 Data Privacy and Storing

According to § 28 BDSG (Data Protection Act) we inform you that we save and use necessary data in computer applications within the context of our business processing according to § 33 BDSG. All personal data given from our customers are treated confidentially. Necessary data are only used for the limited purpose like ordering (payment, delivery) and for justifying reasons by a third party (e.g. delay of payment to a debt collection agency). At any time, our customers can ask which personal data we save; therefore please send an e-mail to wikana@wikana.de. Due to reasons of the data protection, an answer is only possible if the customers e-mail-address is stored in our database.

At any time, the customer can demand that:
- his saved data are deleted as far as all agreements are fullfield
- that he will be informed to whom his data was handed on.

§11 Jurisdiction

Jurisdiction for all conflicts in connection with the delivery, as far as agreed, is the jurisdiction of Wikana Keks und Nahrungsmittel GmbH (district court Stendal). For all private customers living in Germany the legal requirements for the jurisdiction are valid (normally the jurisdiction of the customer) i.e. the jurisdiction acknowledgment above is only valid for commercial customers!

The seat of Wikana Keks und Nahrungsmittel GmbH is an agreed forum in case that the contracting party has no place of general jurisdiction in Germany or the contracting party moved abroad after conclusion of the contract or the residence of the contracting party is not known at the time when the proceedings are instituted.

The contracting parties agree with regard to the legal relationship on the appliance of the right of the Federal Republic of Germany under exclusion of UN sales law.

§12 Contact

Wikana Keks und Nahrungsmittel GmbH
CEO: Dipl.-Vw. W. Fischer
Dessauer Strasse 8
D-06886 Lutherstadt Wittenberg

phone: +49 (0) 34 91 / 42 98 6 – 0
fax: +49 (0) 34 91 / 42 98 6 – 26
e-mail: wikana@wikana.de

district court: Stendal HRB: 14805; VAT No: DE812432832
jurisdiction: Lutherstadt Wittenberg